Under what circumstances is All Team Football Club (ATFC) not obligated to mediate claims?
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,; 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 23 — RECEIPT (FDD pages 34–161)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, All Team Football Club (ATFC) is not obligated to mediate claims under specific circumstances. ATFC is not bound to mediate claims relating to its trademarks, service marks, patents, or copyrights. Additionally, claims pertaining to any lease or sublease of real property between ATFC and the franchisee or their affiliated entities are exempt from mandatory mediation.
Furthermore, ATFC is not obligated to mediate when it seeks temporary restraining orders, preliminary injunctions, permanent injunctions, or other proceedings in a court of competent jurisdiction. This exception applies when the court deems such measures necessary to preserve the status quo or prevent irreparable injury while the dispute is being resolved.
This means that a franchisee may be required to engage in mediation for general disputes, but All Team retains the right to immediately pursue legal action to protect its intellectual property or real property interests, or to seek urgent court intervention to prevent potential harm. This is a fairly common practice in franchising, as franchisors typically want to maintain strong control over their brand and protect their assets without the delay that mediation might cause.