Does the arbitration clause prevent Augusta Lawn Care from seeking provisional injunctive relief?

According to Augusta Lawn Care's 2025 Franchise Disclosure Document, the arbitration clause does not prevent Augusta Lawn Care from seeking provisional injunctive relief from a court of competent jurisdiction. Specifically, section 11.8 states that the arbitration clause will not deprive Augusta Lawn Care of any right it may otherwise have to seek provisional injunctive relief from a court of competent jurisdiction.

This means that even if a dispute is subject to arbitration, Augusta Lawn Care retains the right to go to court to seek immediate injunctive relief, such as a temporary restraining order or preliminary injunction, if they believe it is necessary to prevent immediate harm. This is a common provision in franchise agreements, as it allows the franchisor to quickly address situations where a franchisee is violating the agreement in a way that could damage the brand or the system.

Section 11.9.1 further clarifies that Augusta Lawn Care is entitled to temporary, preliminary, and permanent injunctions and orders of specific performance in any court of competent jurisdiction, with a bond of not more than $10,000, to enforce provisions related to the franchisee's use of the marks, confidentiality covenants, obligations upon termination/expiration, or transfer/assignment. If Augusta Lawn Care secures such an injunction, the franchisee agrees to pay Augusta Lawn Care's costs of obtaining the relief, including attorneys' fees, investigation costs, court costs, litigation expenses, travel, living expenses, and any damages incurred as a result of the breach.