In what specific situations can All Team seek injunctive relief in a court of competent jurisdiction?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
Mediation, are unable to reach settlement, ATFC and FRANCHISEE agree that the dispute will be resolved according to the Sections below. Failure to submit the dispute to Mediation prior to commencing any litigation or arbitration proceeding shall be grounds for dismissal of the litigation or arbitration proceedings.
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.
B. Litigation. Except as otherwise provided in this Agreement, all controversies, disputes or claims between ATFC and FRANCHISEE arising from this Agreement or the franchise relationship set forth in this Agreement shall be filed in the Federal District Court in Tampa, FL when the grounds set forth in 28 U.S.C.§ 1332 are present. Both parties and each guarantor of this Agreement irrevocably submit to the jurisdiction of this court and waive any objection to the jurisdiction or venue in this court.
Source: Item 23 — RECEIPT (FDD pages 34–161)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, All Team Franchise Corporation (ATFC) can seek injunctive relief in a court of competent jurisdiction in specific situations. These situations include claims relating to ATFC's trademarks, service marks, patents, or copyrights. Additionally, ATFC can seek injunctive relief for claims relating to any lease or sublease of real property between the parties or their affiliated entities.
Furthermore, All Team may request temporary restraining orders, preliminary injunctions, or permanent injunctions from a court of competent jurisdiction. This is permissible when the court deems it necessary to preserve the status quo or prevent irreparable injury while the actual dispute between All Team and the franchisee is being resolved.
It is important to note that these actions can be brought in either federal or state courts in Tampa, FL, and both parties agree to submit to the jurisdiction of these courts. This means that if a franchisee is in dispute with All Team over intellectual property, a lease, or any situation where immediate and irreversible harm is possible, All Team can ask a court to intervene to protect its interests while the matter is fully adjudicated.