Does the All Team franchise agreement allow for specific performance as a remedy for 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.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the franchise agreement outlines specific remedies available to both parties in the event of a breach. Specifically, All Team is entitled to seek specific performance, compelling the franchisee to fulfill their obligations under the agreement. This is in addition to other remedies such as injunctive relief, which can prevent further breaches.
This provision means that if a franchisee fails to perform certain duties outlined in the franchise agreement, All Team can ask a court to order the franchisee to take specific actions to correct the breach. This could include adhering to operational standards, fulfilling contractual obligations, or complying with brand requirements. The agreement explicitly states that All Team does not need to demonstrate actual damages to obtain specific performance, making it easier for All Team to enforce the terms of the agreement.
Furthermore, the franchise agreement states that no right or remedy conferred upon either party is intended to be exclusive, and every such right or remedy shall be cumulative and in addition to any other rights or remedies available under this Agreement, or otherwise. This ensures that All Team has multiple avenues for recourse if a franchisee violates the agreement, providing a comprehensive approach to protecting All Team's interests and the integrity of the franchise system.