Under what circumstances is the mediation obligation not binding for claims brought by All Team Franchise Corporation (ATFC)?
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, the obligation to mediate disputes does not apply to certain claims brought by All Team Franchise Corporation (ATFC). Specifically, All Team is not required to mediate claims relating to its trademarks, service marks, patents, or copyrights. This means that All Team can immediately pursue legal action to protect its intellectual property without first engaging in mediation.
Additionally, the mediation obligation is not binding for claims concerning any lease or sublease of real property between All Team and the franchisee or their affiliated entities. This exception allows All Team to directly address disputes related to property leases through the appropriate legal channels without mandatory mediation.
Furthermore, All Team is not obligated to mediate when seeking temporary restraining orders, preliminary injunctions, permanent injunctions, or other court proceedings to obtain interim or permanent relief. This exception applies when a court deems it necessary to preserve the status quo or prevent irreparable injury while the dispute is being resolved. This provision enables All Team to take swift legal action to protect its interests when immediate intervention is necessary.