Does the Kitchen Solvers agreement state that an injunction is an appropriate remedy for violating the non-compete covenants?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Do you understand that you are bound by the non-compete covenants (both in-term and post-term) listed in Subparagraphs 10.C and 12.B and that an injunction is an appropriate remedy
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, the franchise agreement addresses the appropriateness of an injunction as a remedy for violating non-compete covenants. Specifically, prospective franchisees are asked to confirm their understanding that they are bound by the non-compete covenants, both during the term and after termination of the agreement, and that an injunction is an appropriate remedy. This is presented as a 'yes' or 'no' question that the franchisee must acknowledge.
This acknowledgement highlights the importance Kitchen Solvers places on its non-compete agreements. An injunction is a court order that would legally prevent a franchisee from engaging in activities that violate the non-compete terms. This could include preventing a former franchisee from operating a competing business within a certain geographic area or soliciting Kitchen Solvers' customers or employees.
The FDD also states that the term 'you' for purposes of the non-compete covenants is defined broadly in subparagraph 10.D, such that any actions in violation of the covenants by those holding any interest in the franchisee entity may result in an injunction, default and termination of the Franchise Agreement. This means that the non-compete obligations extend beyond just the franchisee and can include owners, guarantors, and others with a financial interest in the franchise. This broad definition increases the scope of who can be held liable for violating the non-compete agreement and emphasizes the seriousness with which Kitchen Solvers views these obligations.
Prospective franchisees should carefully review the non-compete covenants outlined in Subparagraphs 10.C and 12.B of the Kitchen Solvers franchise agreement to fully understand the restrictions and obligations they are agreeing to. They should also consider the implications of an injunction as a potential remedy and seek legal counsel if they have any questions or concerns.