What remedy is Learningrx entitled to in the event of a breach of the agreement by the Franchisee or Spousal Affiliate?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
ance of Spousal Affiliates' duties and obligations as an owner, spouse, employee or contractor of Franchisee and that the execution of this Agreement will not be deemed to create an employment relationship between Franchisor and Spousal Affiliates and Franchisor. Spousal Affiliates hereby waive, to the greatest extent permitted by federal law and the law of the state or states in which Spousal Affiliates reside and are employed by Franchisee, any claim that Spousal Affiliates may have to be deemed to be an employee of Franchisor by virtue of signing this Agreement.
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- Franchisee and Spousal Affiliate agree that in the event of a breach of this Agreement, Franchisor would be irreparably injured and be without an adequate remedy at law. Therefore, in the event of 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
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, if the franchisee or spousal affiliate breaches the agreement, Learningrx would be irreparably injured and without an adequate remedy at law. Therefore, Learningrx is entitled to enforce the provisions of the agreement.
In addition to any other remedies available at law or in equity, Learningrx is entitled to a temporary and/or permanent injunction and/or a decree for the specific performance of the terms of the agreement. This means Learningrx can seek court orders to stop the franchisee or spousal affiliate from continuing the breach and compel them to fulfill their obligations under the agreement. Learningrx is not required to show actual or threatened harm or furnish a bond or other security to obtain such injunctive relief.
The franchisee and spousal affiliate's sole remedy in the event of such injunctive relief is the dissolution of the injunction, if warranted, upon a hearing. The franchisee and spousal affiliate expressly waive all claims for damages resulting from the wrongful issuance of any injunction. This limits the franchisee's recourse if they believe the injunction was wrongly issued.