What specific breaches of the Kidokinetics Franchise Agreement would cause irreparable damage to the Franchisor, allowing for injunctive relief?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
ERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE, OR OTHERWISE UNENFORCEABLE.**
-
- Breach. You agree that failure to comply with the terms of this Agreement will cause substantial and irreparable damage to us and/or other Kidokinetics franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of the terms of this Agreement will entitle us to injunctive relief. You agree that we may apply for such injunctive relief without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours in the event of the entry of such injunction will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). If a court requires the filing of a bond notwithstanding the preceding sentence, the parties agree that the amount of the bond shall not exceed $1,000. None of the remedies available to us under this Agreement are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance, and recovery of monetary damages. Any claim, defense, or cause of action that you may have against us, our owners or our affiliates, or against Franchisee, regardless o
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee acknowledges that failure to comply with the terms of the Franchise Agreement will cause substantial and irreparable damage to Kidokinetics and/or other Kidokinetics franchisees. Because of this damage, Kidokinetics is entitled to injunctive relief for any violation of the terms of the agreement.
Kidokinetics can apply for injunctive relief without bond, but upon due notice. The franchisee's sole remedy, if an injunction is entered, will be to dissolve the injunction if warranted after a hearing. The franchisee expressly waives all claims for damages resulting from the wrongful issuance of any injunction. If a court requires a bond, the parties agree that the bond amount will not exceed $1,000.
The remedies available to Kidokinetics are not exclusive and may be combined with others, including injunctive relief, specific performance, and recovery of monetary damages. Any claim, defense, or cause of action the franchisee may have against Kidokinetics or another franchisee cannot be used as a defense against Kidokinetics's enforcement of the Franchise Agreement.