In the event of a threatened breach of the All Team franchise agreement, is injunctive relief available?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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 any breach or threatened breach of the franchise agreement by either party, the other party is immediately entitled to injunctive relief. This includes remedies such as a temporary restraining order, preliminary injunction, and specific performance. This right to injunctive relief is in addition to any other remedies available and does not require proof of actual damages.
For a prospective All Team franchisee, this means that All Team can seek immediate court intervention to stop any action that threatens to violate the franchise agreement, even before significant financial harm occurs. Similarly, the franchisee has the same right to seek injunctive relief against All Team if All Team threatens to breach the agreement. This provision aims to provide a swift legal mechanism to enforce the terms of the franchise agreement and protect each party's interests.
It is important to note that this right to injunctive relief is not the only remedy available. Both All Team and the franchisee can pursue other legal options, such as monetary damages, in addition to or instead of injunctive relief. This clause simply ensures that injunctive relief is an accessible and immediate option to prevent further damage or non-compliance with the franchise agreement. This is a fairly standard clause in franchise agreements, as it provides a mechanism for quick enforcement of the contract terms.