Does the Monicals Pizza Guarantor waive any right to notice or demand?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
ictions
Recipient acknowledges that each of the terms set forth herein, including the restrictive covenants, is fair and reasonable and is reasonably required for the protection of Franchisee, Company, and Company's Trade Secrets and other Confidential Information, the Company's business system, network of franchises and trade and service marks, and Recipient waives any right to challenge these restrictions as being overly broad, unreasonable or otherwise unenforceable. If, however, a court of competent jurisdiction determines that any such restriction is unreasonable or unenforceable, then Recipient shall submit to the reduction of any such activity, time period or geographic restriction necessary to enable the court to enforce such restrictions to the fullest extent permitted under applicable law. It is the desire and intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permissible under the laws and public policies applied in any jurisdiction where enforcement is sought.
5. Relief for Breaches of Confidentiality, Non-Solicitation and Non-Competition
Recipient further acknowledges that an actual or threatened violation of the covenants contained in this Agreement will cause Franchisee and Company immediate and irreparable harm, damage and injury that cannot be fully compensated for by an award of damages or other remedies at law. Accordingly, Franchisee and Company shall be entitled, as a matter of right, to an injunction from any court of competent jurisdiction restraining any further violation by Recipient of this Agreement without any requirement to show any actual damage or to post any bond or other security. Such right to an injunction shall be cumulative and in addition to, and not in limitation of, any other rights and remedies that Franchisee and Company may have at law or in equity.
6.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
Based on the 2025 Monicals Pizza Franchise Disclosure Document, the franchisee acknowledges that the terms and restrictive covenants are fair and reasonable and are reasonably required for the protection of the franchisee, company, and company's trade secrets and other confidential information, the company's business system, network of franchises and trade and service marks. The recipient of the franchise waives any right to challenge these restrictions as being overly broad, unreasonable, or otherwise unenforceable.
If a court determines that any restriction is unreasonable or unenforceable, the recipient must submit to a reduction of any such activity, time period, or geographic restriction necessary to enable the court to enforce such restrictions to the fullest extent permitted under applicable law. The parties desire and intend that the provisions of this agreement shall be enforced to the fullest extent permissible under the laws and public policies applied in any jurisdiction where enforcement is sought.
Monicals Pizza also states that an actual or threatened violation of the covenants contained in this agreement will cause the franchisee and company immediate and irreparable harm, damage, and injury that cannot be fully compensated for by an award of damages or other remedies at law. Accordingly, the franchisee and company shall be entitled, as a matter of right, to an injunction from any court of competent jurisdiction restraining any further violation by the recipient of this agreement without any requirement to show any actual damage or to post any bond or other security. This right to an injunction is cumulative and in addition to, and not in limitation of, any other rights and remedies that the franchisee and company may have at law or in equity.