What must the Learningrx franchisee do to dissolve an injunctive relief order?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
such a breach, or threatened or attempted breach of any of the provisions hereof, Franchisor shall be entitled to enforce the provisions of this Agreement and shall be entitled, in addition to any other remedies that are made available to it at law or in equity, including the right to terminate the Franchise Agreement, to a temporary and/or permanent injunction and/or a decree for the specific performance of the terms of this Agreement, without the necessity of showing actual or threatened harm and without being required to furnish a bond or other security. Franchisee and Franchisee Affiliate agree that Franchisee's and/or Franchisee Affiliate's sole remedy in the event of the entry of such injunctive relief shall be dissolution of such injunctive relief, if warranted, upon hearing duly had; provided, however, that all claims for damages by reason of the wrongful issuance of any such injunction are hereby expressly waived by Franchisee and by Franchisee Affiliate.
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- Franchisee Affiliate agrees to pay all expenses (including court costs and reasonable attorneys' fees) incurred by Franchisor and Franchisee in enforcing this Agreement.
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Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, if a franchisee or their affiliate is subject to an injunctive relief order, their sole recourse is to seek the dissolution of the injunction, if deemed warranted, following a due hearing. This means the franchisee must attend a hearing and present a case as to why the injunction should be lifted. The success of this action depends on the specific circumstances and legal arguments presented at the hearing.
It is important to note that the franchisee expressly waives all claims for damages resulting from the wrongful issuance of any injunction. This waiver means that even if the injunction is later found to be unjustified, the franchisee cannot sue Learningrx for any financial losses or other harm they suffered while the injunction was in place. This is a significant limitation on the franchisee's rights and potential remedies.
Learningrx can seek injunctive relief for situations including using products outside the bounds of the Franchise Agreement, violating in-term and post-term non-competes, and trademark infringement. The franchisee agrees that Learningrx may obtain such injunctive relief, without posting a bond or bonds in excess of a total of Five Hundred and 00/100 Dollars ($500.00), but upon due notice. This clause highlights the importance of adhering to the franchise agreement and respecting Learningrx's intellectual property rights to avoid potential legal action and the limitations on remedies if an injunction is issued.