Can either party seek emergency measures of protection during arbitration of a Bombs Away franchise dispute?

According to Bombs Away's 2024 Franchise Disclosure Document, both the franchisor and franchisee have the ability to seek emergency measures of protection during an arbitration. Specifically, either party can apply to the arbitrator for injunctive relief until the arbitration award is finalized or the dispute is otherwise resolved. This allows for immediate action to prevent potential harm or damage while the arbitration process is ongoing.

Additionally, either party can seek interim or provisional injunctive relief from a court with jurisdiction, without giving up their right to arbitrate the dispute. This provides an alternative avenue for obtaining urgent protective measures if needed. This dual approach ensures that both Bombs Away and its franchisees have access to the necessary legal tools to protect their interests during a dispute.

This clause is fairly common in franchise agreements, as it allows parties to maintain the status quo or prevent irreparable harm while the arbitration process unfolds. It balances the preference for arbitration with the need for immediate judicial intervention in certain circumstances. A prospective Bombs Away franchisee should understand these provisions and consult with legal counsel to fully grasp their rights and obligations in case of a dispute.