Under what circumstances is the obligation to mediate not binding for Buildingstars?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
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, while mediation is generally required before bringing an action in court, there are specific circumstances where this obligation is not binding on Buildingstars.
The obligation to mediate does not apply to claims brought by Buildingstars relating to its trademarks, service marks, patents, or copyrights, including the Marks. This means Buildingstars can directly pursue legal action to protect its intellectual property without first engaging in mediation.
Additionally, the mediation obligation is not binding for claims relating to any lease or sublease of real property between Buildingstars and the franchisee or their affiliated entities. Buildingstars can pursue legal remedies related to lease agreements without mandatory mediation.
Finally, Buildingstars is not obligated to mediate requests for temporary restraining orders, preliminary injunctions, permanent injunctions, or other proceedings in a court of competent jurisdiction to obtain interim or permanent relief. This exception applies when the court deems such immediate action necessary to preserve the status quo or prevent irreparable injury pending resolution of the dispute.