For what reasons can Big Apple Bagels apply directly to a court for emergency relief?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisee fails to initiate immediately or complete such alterations within such period of time as Franchisor deems appropriate, Franchisee agrees that Franchisor or its designated agents may enter the premises of the former Store and adjacent areas at any time to make such alterations as Franchisor deems appropriate to distinguish Franchisee's former BAGELS Store premises, without liability for trespass. Franchisee expressly acknowledges that failure to make such alterations will cause irreparable injury to Franchisor and hereby consents to entry, at Franchisee's expense, of any ex parte order by any court of competent jurisdiction authorizing Franchisor or its agents to take such action, if Franchisor seeks such an order.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, Big Apple Bagels can seek an ex parte order from a court of competent jurisdiction under specific circumstances related to a franchisee's relocation. This action is permissible if a franchisee fails to properly and completely remove all identifying marks and features from a former Big Apple Bagels store location after relocating to a new site.
The purpose of this legal recourse is to prevent public confusion between the former location and other Big Apple Bagels stores. This includes removing distinctive physical and structural features, signs, and emblems that identify the premises as a former Big Apple Bagels store. The franchisee is responsible for covering the expenses associated with these alterations.
If the franchisee does not promptly begin or complete the required alterations within a timeframe deemed appropriate by Big Apple Bagels, the franchisor or its agents have the right to enter the former store premises to make the necessary changes. The franchisee consents to Big Apple Bagels obtaining an ex parte order to facilitate this process, acknowledging that failure to properly de-identify the former location will cause irreparable harm to Big Apple Bagels. This requirement is a condition for Big Apple Bagels' approval of the relocation request, and failure to comply can result in the revocation of relocation permission and a declaration of default under the Franchise Agreement.