In the event of a breach of the All Team franchise agreement, is injunctive relief available to either party?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
had been executed with such invalid portion eliminated. If any restriction contained in this Agreement is deemed too broad to be capable of enforcement, a court of competent jurisdiction is hereby authorized to modify or limit such restriction to the extent necessary to permit its enforcement.
- 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 by any party, 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. The party seeking injunctive relief does not need to show or prove any actual damage sustained. Seeking injunctive relief does not prevent the party from pursuing other remedies.
Additionally, All Team is entitled, without bond, to injunctive relief and orders of specific performance to enforce the provisions of the agreement if the franchisee actually or anticipates breaching the agreement.
In the context of the non-compete clauses within the agreement, All Team has the right to injunctive relief for a violation or threatened violation of these clauses. This indicates that All Team can seek court orders to prevent a franchisee from engaging in activities that violate the non-compete terms.
These provisions mean that both All Team and its franchisees have the right to seek immediate court intervention to prevent further damage or non-compliance in the event of a breach or threatened breach of the franchise agreement. This can be a powerful tool for enforcing the terms of the agreement and protecting the interests of both parties.