In the Anago Subfranchise Agreement assignment, what right does the FRANCHISOR have regarding injunctive relief?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
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, in the event of an Anago Subfranchise Agreement assignment, Anago has the option to bring legal action seeking equitable relief to enforce the terms of the assignment in any court with the appropriate jurisdiction. This is to prevent real or threatened harm.
Furthermore, the assignee and assignor consent to the entry of injunctive relief. This includes temporary restraining orders and preliminary and permanent injunctions without the requirement of a bond. This consent is according to the usual equity rules in the jurisdiction where such relief is sought.
This means that Anago can seek court orders to stop any actions that violate the assignment terms without needing to post a bond, which is a financial guarantee typically required by courts. This clause aims to protect Anago from potential damages or breaches of contract during the assignment process.