Who is entitled to injunctive relief if I violate the covenants of the Pearce Bespoke agreement?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that failure to comply with the terms of this Agreement will cause irreparable harm to us and to our franchisor, Pearce Bespoke Franchising, LLC, and other Pearce Bespoke franchisees for which there is no adequate remedy at law.
Therefore, you agree that any violation of these covenants will entitle us or our franchisor, Pearce Bespoke Franchising, LLC, to injunctive relief.
You agree that we and/or our franchisor, Pearce Bespoke Franchising, LLC, may apply for such injunctive relief, without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby).
Source: Item 23 — RECEIPTS (FDD pages 39–172)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, if a franchisee violates the terms of the agreement, specifically the covenants, this will cause irreparable harm to Pearce Bespoke and its franchisor, Pearce Bespoke Franchising, LLC, as well as other Pearce Bespoke franchisees. The document states that there would be no adequate remedy at law for such violations.
Therefore, Pearce Bespoke's agreement specifies that any violation of these covenants entitles both Pearce Bespoke and its franchisor, Pearce Bespoke Franchising, LLC, to seek injunctive relief. Injunctive relief is a court order that requires the franchisee to stop the violating behavior.
The agreement also clarifies that Pearce Bespoke or Pearce Bespoke Franchising, LLC, can apply for this injunctive relief without needing to post a bond, although they must provide due notice. The franchisee's sole remedy, if such an injunction is issued, is to seek the dissolution of the injunction if warranted after a hearing. The franchisee expressly waives any claims for damages resulting from the wrongful issuance of such an injunction.