Are claims for injunctive relief subject to mediation in the Afuri Ramen Dumpling agreement?

According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, claims for injunctive relief are not subject to mediation. The agreement specifies that injunctive relief or claims of specific performance, when sought or authorized by the agreement, are exempt from mediation and can be pursued in a court of competent jurisdiction.

This means that Afuri Ramen Dumpling or the franchisee can seek immediate court intervention, such as a temporary restraining order or injunction, without first going through mediation. This is particularly relevant in situations where there is a risk of immediate and irreparable harm, such as a breach of confidentiality or misuse of the Afuri Ramen Dumpling's trademarks or system.

This clause provides Afuri Ramen Dumpling and its franchisees with a quicker legal recourse in urgent situations. However, it's important to note that while injunctive relief is not subject to mandatory mediation, other disputes may still require mediation before proceeding to other forms of dispute resolution, such as arbitration or litigation. Franchisees should understand the circumstances under which injunctive relief may be sought and the potential implications for their business operations.