Does the text mention any specific remedies for breach of The Standardx Confidentiality Agreement?
The_Standardx Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties hereby acknowledge the importance of complying with the provisions of this Agreement.
Therefore, the parties agree that money damages, which the parties agree would be substantial, would not be a sufficient remedy for any breach of this Agreement, and a party shall be entitled, in addition to money damages, to specific performance and injunctive relief and any other appropriate equitable remedies for any such breach.
The party at fault agrees not to oppose the granting of equitable relief on grounds that damages are sufficient, and agrees not to require that the other party prove that damages are insufficient in order to obtain equitable relief or the posting of a bond.
The party at fault agrees to waive, and to cause its Representatives to waive, any requirement for the securing or posting of any bond in connection with such remedy.
Such remedies shall not be deemed to be the exclusive remedies for a breach of this Agreement, but shall be in addition to all other remedies available at law or in equity to a party.
THE PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY SUCH DISPUTE.
The prevailing party in any dispute regarding the enforcement of this Agreement shall be entitled to reasonable legal fees and expenses, which such prevailing party incurred in connection with such enforcement.
Source: Item 18 — OTHER INCOME (LOSS), NET (FDD pages 187–399)
What This Means (2025 FDD)
According to The Standardx's 2025 Franchise Disclosure Document, the agreement emphasizes the importance of compliance and outlines specific remedies for breaches. Monetary damages are acknowledged as potentially insufficient due to the substantial nature of potential harm. Consequently, The Standardx (or Hyatt Franchising, L.L.C., depending on which party is disclosing) is entitled to seek specific performance, injunctive relief, and other equitable remedies in addition to monetary damages for any breach of the confidentiality agreement. This multifaceted approach aims to provide comprehensive protection beyond mere financial compensation.
The agreement stipulates that the breaching party will not contest the granting of equitable relief by arguing that monetary damages are adequate. Furthermore, the breaching party waives the right to require proof that damages are insufficient to obtain equitable relief, and also waives any requirement for the posting of a bond in connection with such remedies. These waivers streamline the process for The Standardx to obtain immediate and effective relief in the event of a breach, preventing delays or obstacles that could arise from lengthy legal challenges.
These remedies are not exclusive, meaning The Standardx retains the right to pursue all other remedies available under law or equity. Additionally, the agreement includes a waiver of the right to a jury trial for any disputes related to the enforcement of the agreement. The prevailing party in any enforcement dispute is entitled to recover reasonable legal fees and expenses incurred. This combination of remedies and waivers underscores the seriousness with which The Standardx views its confidential information and the measures it can take to protect it.