In what circumstance can the Anago subfranchisor seek injunctive relief in any appropriate jurisdiction?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
SUBFRANCHISOR 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, the subfranchisor has the option to bring legal action seeking equitable relief to enforce the terms of the Assignment agreement in any court of competent jurisdiction. This is to prevent real or threatened harm.
In such cases, the Anago subfranchisor can seek temporary restraining orders, preliminary injunctions, and permanent injunctions. The assignor and assignee consent to the entry of injunctive relief according to the usual equity rules in the jurisdiction where such relief is sought. Importantly, the document specifies that these actions can be taken without the requirement of a bond.
This clause provides Anago's subfranchisor with a legal avenue to protect their interests under the Assignment agreement, allowing them to act swiftly to prevent potential damage. The waiver of a bond requirement could reduce the upfront costs and administrative burden associated with seeking injunctive relief.