Can Bumper Man seek injunctive relief in court for violations of the franchise agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(2) Exception of Claims Subject to Arbitration. Franchisor and Franchisee recognize and agree that certain claims of Franchisor may not be best suited to determination through arbitration and agree that Franchisor, at its sole option, may bring the following types of
claims, cases, disputes and causes of action either in court or in arbitration:
(A) Claims seeking injunctive or other equitable relief to enforce provisions of this Agreement, provided however that non-equitable claims joined with any injunctive claims must be heard separately in arbitration, and that regardless of the forum, any injunctive relief may be given without the necessity of Franchisor posting bond or other security and any such bond or other security is hereby waived; further, Franchisee acknowledges that the termination of any litigation for injunctive or other equitable relief will not bar Franchisor from asserting non-equitable claims in an arbitration involving the same parties or causes of action;
(B) Claims seeking relief of any kind with respect to Franchisee's violation of any health or safety law;
(C) Claims seeking relief of any kind with respect to Franchisee's use of the Marks;
(D) Claims seeking relief related to of any of the provisions of Section 17 of the Franchise Agreement, including without limitation for breach of confidentiality and non-competition provisions;
(E) Claims related to unauthorized or improper use or misappropriation of Franchisor's Marks, trade secrets, Confidential Information or any of Franchisor's Intellectual Property; and/or;
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, Bumper Man retains the option to pursue claims seeking injunctive or other equitable relief in court to enforce the provisions of the Franchise Agreement. However, if Bumper Man joins non-equitable claims with any injunctive claims, those non-equitable claims must be heard separately in arbitration.
Regardless of the forum (court or arbitration), any injunctive relief may be given without Bumper Man needing to post a bond or other security, as the franchisee waives this requirement. The termination of any litigation for injunctive or other equitable relief does not prevent Bumper Man from later asserting non-equitable claims in a separate arbitration involving the same parties or causes of action.
Bumper Man also retains the right to bring claims in court or arbitration related to a franchisee's violation of any health or safety law, the franchisee's use of the Marks, any of the provisions of Section 17 of the Franchise Agreement (including breach of confidentiality and non-competition provisions), and unauthorized or improper use or misappropriation of Bumper Man's Marks, trade secrets, Confidential Information, or any of Bumper Man's Intellectual Property.