factual

For Kidokinetics, in which state can the Franchisor or Franchisee bring an action that includes injunctive relief or other extraordinary relief?

Kidokinetics Franchise · 2024 FDD

Answer from 2024 FDD Document

NGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE, OR OTHERWISE UNENFORCEABLE.

    1. Breach. You agree that failure to comply with 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 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 you may have against us or against Franchisee, rega

Source: Item 22 — CONTRACTS (FDD page 59)

What This Means (2024 FDD)

According to Kidokinetics' 2024 Franchise Disclosure Document, the franchisee acknowledges that failure to comply with the agreement will cause substantial and irreparable damage to Kidokinetics and/or other Kidokinetics franchisees, for which there is no adequate remedy at law. Therefore, the franchisee agrees that any violation of the agreement will entitle Kidokinetics to injunctive relief.

The franchisee agrees that Kidokinetics 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. The franchisee's sole remedy, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon hearing duly held. The franchisee expressly waives all claims for damages by reason of the wrongful issuance of any such injunction.

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 Kidokinetics 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 the franchisee may have against Kidokinetics or against Franchisee, regardless of cause or origin, cannot be used as a defense against Kidokinetics' enforcement of this Agreement. The FDD does not specify a particular state for such actions.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.