Does the All Team franchise agreement allow for preliminary injunctions in the event of a breach?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
ect as if this Agreement 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. This Agreement and all other written agreements related to this Agreement and expressly referenced in this Agreement, represent the entire understanding and agreement between the parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between the parties. No representations, inducements, promises or agreements, oral or otherwise, if any, not embodied in this Agreement shall be of any force and effect; provided, however, that nothing in this or any related agreement is intended to disclaim ATFC's representations made in the Franchise Disclosure Document that was furnished to FRANCHISEE in connection with the offering to operate an Agency.
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 either party, the other party is immediately entitled to injunctive relief. This includes a temporary restraining order and a preliminary injunction.
This means that All Team or the franchisee can seek immediate court intervention to stop the other party from continuing the breach or threatened breach. The party seeking the injunction does not need to show or prove any actual damage sustained to obtain this relief. The right to seek injunctive relief is in addition to any other remedies available, and it does not limit either party to only this remedy.
Additionally, All Team is entitled to injunctive relief and orders of specific performance without providing a bond if the franchisee actually or anticipates breaching the agreement. This clause allows All Team to quickly enforce the agreement and prevent potential damage to the brand or business operations without the requirement of posting a bond, which is a financial security typically required by courts to protect the other party in case the injunction is later found to be unjustified.
However, it's important to note that for claims brought by All Team relating to its trademarks, service marks, patents, or copyrights; claims relating to any lease or sublease of any real property between the parties; or requests by All Team for temporary restraining orders, preliminary injunctions, permanent injunctions or other proceedings to obtain interim or permanent relief, these shall be brought in either federal or state courts in Tampa, FL.