In the event of a breach of the All Team franchise agreement, is injunctive relief available?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
C. Injunctive Relief.
In the event of any breach or threatened breach of this Agreement by any party, the other party shall immediately be entitled to injunctive relief, in addition to any other remedies available to it, (including a temporary restraining order, preliminary injunction and specific performance) without showing or proving any actual damage sustained and shall not thereby be deemed to have elected its only remedy to the exclusion of others.
- D.
Entire Agreement.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, in the event of a breach or threatened breach of the franchise agreement, the other party is immediately entitled to injunctive relief. This is in addition to any other remedies available, including a temporary restraining order, preliminary injunction, and specific performance. This right to injunctive relief is available without needing to show or prove any actual damages sustained.
This means that both All Team and the franchisee can seek court orders to stop the other party from violating the agreement. Injunctive relief is a powerful tool because it can prevent further harm from occurring while a legal case is ongoing. The FDD specifies that seeking injunctive relief does not prevent either party from pursuing other legal remedies.
All Team is also entitled to injunctive relief and orders of specific performance to enforce the provisions of the agreement if the franchisee actually or anticipates breaching the agreement. This injunctive relief can be obtained without a bond. This clause strengthens All Team's ability to enforce the franchise agreement and protect its brand standards and business interests.
In cases where the franchisee has not complied with dispute resolution provisions, All Team can seek reimbursement for expenses incurred in addressing the breach, including attorney's fees and costs. Additionally, All Team can charge a Dispute Resolution Fee of $50,000 as liquidated damages, acknowledging that calculating the full extent of damages from such a breach is difficult. This fee is not considered a penalty but a reasonable estimate of the damages All Team will incur.