If an injunction is entered against me for violating the Pearce Bespoke agreement, what is my sole remedy?
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 you violate the terms of the agreement, Pearce Bespoke Franchising, LLC can seek injunctive relief against you. Injunctive relief is a court order that requires you to either do something or stop doing something.
If an injunction is entered against you, your sole remedy is to seek the dissolution of the injunction. This means you can argue to the court that the injunction should be lifted. However, you expressly waive any right to claim monetary damages resulting from the injunction, even if it turns out the injunction was wrongfully issued.
This clause is significant because it limits your legal recourse if you believe the injunction was unfair or caused you financial harm. It is common for franchise agreements to include clauses that protect the franchisor's interests, but franchisees should carefully consider the implications of waiving their rights to damages.