Are the remedies conferred in the Monicals Pizza Franchise Agreement exclusive?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to the 2025 Monicals Pizza Franchise Disclosure Document, the remedies available to Monicals Pizza Corporation for breaches of confidentiality, non-solicitation, and non-competition agreements are not exclusive. Monicals Pizza retains the right to pursue all available legal and equitable remedies.
Specifically, Monicals Pizza is entitled to seek injunctive relief from a court to prevent further violations of the agreement without needing to demonstrate actual damages or post a bond. This injunctive relief is in addition to any other rights and remedies Monicals Pizza may have under the law or in equity.
This means that Monicals Pizza can pursue multiple avenues of recourse simultaneously or sequentially if a franchisee violates the agreement. For example, they could seek an injunction to immediately stop the violating behavior and also pursue a monetary judgment to compensate for financial losses resulting from the breach.
For a prospective Monicals Pizza franchisee, this clause highlights the importance of adhering strictly to the terms of the franchise agreement, especially those related to confidentiality, non-solicitation, and non-competition. Violations can lead to immediate legal action and potentially significant financial liabilities, in addition to the loss of the franchise itself.