Does the obligation to mediate apply to claims relating to All Team's trademarks?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing, the obligation of this Section to mediate will not be binding with respect to claims brought by ATFC and relating to ATFC's trademarks, service marks, patents, or copyrights, including the Marks; claims relating to any lease or sublease of any real property between the parties or their affiliated entities; or requests by ATFC for temporary restraining orders, preliminary injunctions, permanent injunctions or other proceedings in a court of competent jurisdiction to obtain interim or permanent relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution of the actual dispute between the parties.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the obligation to mediate does not apply to claims brought by All Team relating to All Team's trademarks. Before a party can bring an action in court for any controversy, dispute, or claim between All Team and the franchisee, the parties must first have a conference with each other to try to resolve the dispute. If this fails, the dispute will first be submitted to non-binding mediation in Tampa, Florida, unless both parties agree to another location.
However, this obligation to mediate is not binding with respect to claims brought by All Team relating to its trademarks, service marks, patents, or copyrights. It also does not apply to claims relating to any lease or sublease of any real property between the parties or their affiliated entities, or requests by All Team for temporary restraining orders, preliminary injunctions, permanent injunctions, or other proceedings in a court of competent jurisdiction to obtain interim or permanent relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution of the actual dispute between the parties.
This means that All Team reserves the right to immediately pursue legal action to protect its intellectual property and other specific interests without first engaging in mediation. For a prospective franchisee, this highlights the importance of understanding and adhering to All Team's trademark usage guidelines and lease agreements to avoid potential legal disputes that could bypass mediation.