Can Buildingstars seek a temporary restraining order in the event of a breach?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
XVI. MISCELLANEOUS PROVISIONS
- C. Injunctive Relief. In the event of any breach or threatened breach of this Agreement by any party, the other party shall immediately be entitled to injunctive relief, in addition to any other remedies available to it, (including a temporary restraining order, preliminary injunction and specific performance) without showing or proving any actual damage sustained and shall not thereby be deemed to have elected its only remedy to the exclusion of others. If BUILDINGSTARS seeks injunctive relief, it shall not be required to post a bond.
Notwithstanding the foregoing, the obligation of this Section to mediate will not be binding with respect to claims brought by BUILDINGSTARS and relating to BUILDINGSTARS's trademarks, service marks, patents, or copyrights, including the Marks; claims relating to any lease or sublease of any real property between the parties or their affiliated entities; or requests by BUILDINGSTARS for temporary restraining orders, preliminary injunctions, permanent injunctions or other proceedings in a court of competent jurisdiction to obtain interim or permanent relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution of the actual dispute between the parties.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, in the event of a breach or threatened breach of the Franchise Agreement, Buildingstars is entitled to seek a temporary restraining order against the franchisee. This is in addition to any other remedies available to Buildingstars.
Specifically, Buildingstars does not need to show or prove any actual damage sustained to be granted injunctive relief, including a temporary restraining order. Furthermore, Buildingstars is not required to post a bond when seeking injunctive relief.
However, the obligation to mediate disputes does not apply to Buildingstars' requests for temporary restraining orders, preliminary injunctions, or permanent injunctions. These actions can be initiated in either federal or state courts in St. Louis County, MO. This allows Buildingstars to bypass mediation for urgent matters requiring immediate legal intervention to protect their interests and maintain the status quo while resolving the underlying dispute.