Are the assignor and assignee in an Anago subfranchise agreement assignment bound by the dispute resolution provisions in the original subfranchise agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
ASSIGNOR and ASSIGNEE acknowledge and agree that they are bound by the dispute resolution provisions in the Subfranchise Agreement.
ASSIGNOR and ASSIGNEE further agree that they have and will continue to have a substantial relationship with FRANCHISOR at its offices in Pompano Beach, Florida and that, with the exception of FRANCHISOR's right to seek injunctive relief in any appropriate jurisdiction as set forth below, any action by or against them arising out of or relating to this Assignment will be commenced, litigated, and concluded only in the state or federal court which is closest to FRANCHISOR's then current principal place of business (currently Pompano Beach, Florida).
ASSIGNOR and ASSIGNEE irrevocably submit to the jurisdiction of such court and waive any objection they may have to either the jurisdiction or venue of such court.
ASSIGNOR and ASSIGNEE further waive any objection that such court is an inconvenient forum.
FRANCHISOR shall have the option, at its sole discretion, of bringing any action seeking equitable relief to enforce the terms of this Assignment in any court of competent jurisdiction in order to prevent real or threatened harm, and ASSIGNOR and ASSIGNEE consent to the entry of injunctive relief, including, without limitation, temporary restraining orders and/or preliminary and permanent injunctions without the requirement of bond, according to the usual equity rules in the jurisdiction in which such relief is sought.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, both the assignor and the assignee in a subfranchise agreement assignment are bound by the dispute resolution provisions outlined in the original Subfranchise Agreement. This means that any disputes arising between these parties will be subject to the resolution processes detailed in that original agreement.
Specifically, the assignor and assignee acknowledge that they have and will continue to have a substantial relationship with Anago at its offices in Pompano Beach, Florida. With the exception of Anago's right to seek injunctive relief in any appropriate jurisdiction, any action by or against them relating to the assignment must be commenced, litigated, and concluded in the state or federal court closest to Anago's principal place of business, which is currently Pompano Beach, Florida. The assignor and assignee also irrevocably submit to the jurisdiction of that court and waive any objections to the jurisdiction or venue, including objections based on the court being an inconvenient forum.
However, Anago retains the option to bring any action seeking equitable relief to enforce the terms of the assignment in any court of competent jurisdiction to prevent real or threatened harm. In such cases, the assignor and assignee consent to the entry of injunctive relief, including temporary restraining orders and preliminary or permanent injunctions, without the requirement of a bond, according to the usual equity rules of the jurisdiction where the relief is sought. This ensures Anago can act swiftly to protect its interests in cases of potential harm.