Under what conditions can Benjamin Franklin Plumbing seek injunctive relief in court?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
any person or entity who is not a party to the arbitration proceeding.
- 23.3. Provisional or Declaratory Relief. Nothing in Section 23.2 or elsewhere in this Agreement prohibits Franchisor's right to seek a restraining order, preliminary injunction, specific performance or declaratory relief in court, under the applicable court rules, against conduct or threatened conduct for which no adequate remedy at law may be available or which Franchisor believes may cause Franchisor irreparable harm. Franchisor may have such relief without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law. Franchisee and each of its Owners acknowledges that any violation of (without limitation) Sections 11, 12, 13, 14, 15 or 17 would result in irreparable injury to Franchisor for which no adequate remedy at law may be available. Accordingly, Franchisee and each of its Owners consents to the issuance of an injunction at Franchisor's request (without posting a bond or other security) prohibiting any
conduct in violation of any of those Sections. Franchisee's sole remedy in the event of the entry of specific performance or injunction order will be the dissolution of the order, if warranted (all claims for damages by reason of the wrongful issuance of any such order being expressly waived by Franchisee). Franchisee agrees that the existence of any claims Franchisee or any of its Owners may have against Franchisor, whether or not arising from this Agreement, will not constitute a defense to the enforcement of Sections 11, 12, 13, 14, 15 or 17.
- 23.4. Disputes Not Subject to Mandatory Arbitration. Notwithstanding Section 23.2, Franchisor shall have the option to submit to a court any of the following actions: to collect fees due under this Agreement; for injunctive or other relief as described in Section 23.3; to protect our intellectual property, including the Marks, Confidential Information, and trade secrets; to terminate this Agreement for a default; and to enforce the postterm obligations in Section 17 of this Agreement. Notwithstanding anything in this Agreement, in the JAMS Rules, or any provision of law, the determination of whether a dispute or controversy filed in a court is subject to arbitration shall be made by the court, not by an arbitrator.
- 23.5. Time Limit on Filing.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, Benjamin Franklin Plumbing retains the right to seek certain legal remedies in court, including injunctive relief, notwithstanding the standard arbitration procedures. Specifically, Benjamin Franklin Plumbing can pursue a restraining order, preliminary injunction, specific performance, or declaratory relief in court to address conduct or threatened conduct that lacks an adequate remedy at law or that the company believes may cause irreparable harm. The document clarifies that Benjamin Franklin Plumbing can seek such relief without being required to post a bond, provided they give due notice.
Furthermore, the FDD stipulates that any violation of Sections 11, 12, 13, 14, 15, or 17 of the agreement by the franchisee or their owners would cause irreparable injury to Benjamin Franklin Plumbing, for which monetary damages would not be sufficient. These sections likely pertain to critical aspects of the franchise agreement, such as intellectual property protection, operational standards, or confidentiality. In such cases, Benjamin Franklin Plumbing is entitled to an injunction upon request, without needing to post a bond or security. The franchisee consents to such injunctive relief and waives their right to claim damages resulting from the wrongful issuance of such an order.
This clause also specifies that any claims the franchisee may have against Benjamin Franklin Plumbing, even if related to the agreement, will not serve as a valid defense against the enforcement of Sections 11, 12, 13, 14, 15, or 17 through injunctive relief. This provision underscores the importance Benjamin Franklin Plumbing places on protecting its interests and ensuring franchisee compliance with key contractual obligations, allowing them to swiftly address potential breaches through court intervention.