Does the Body20 franchise agreement allow either party to seek injunctive relief despite the agreement to arbitrate?

According to Body20's 2025 Franchise Disclosure Document, both Body20 and the franchisee retain the right to seek temporary restraining orders and preliminary injunctive relief from a court, even with the agreement to arbitrate disputes. This allows either party to quickly seek court intervention to prevent immediate and irreparable harm while arbitration is ongoing. Injunctive relief is a court order that compels a party to do or refrain from specific acts. This ensures that critical issues can be addressed promptly in court without waiting for the arbitration process to conclude.

This provision is common in franchise agreements, as it balances the desire for efficient dispute resolution through arbitration with the need to protect business interests from immediate harm. For example, Body20 might seek an injunction to prevent a franchisee from using its trademarks improperly or disclosing confidential information. Conversely, a franchisee might seek an injunction to prevent Body20 from terminating the franchise agreement without proper cause.

The ability to seek injunctive relief provides a safety net for both parties, allowing them to protect their interests while pursuing a final resolution through arbitration. However, it's important to note that this right is typically limited to situations where there is a risk of immediate and irreparable harm, and a court must find that the party seeking the injunction is likely to succeed on the merits of their underlying claim.