What rights does Carvel have to obtain restraining orders or injunctions?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding our agreement to arbitrate, either party will have the right to seek temporary restraining orders and temporary or preliminary injunctive relief from a court of competent jurisdiction with respect to any dispute subject to arbitration; provided, however, that such party must contemporaneously submit the dispute for arbitration on the merits as provided in this Section 19.1.
In addition to any other relief available at law or equity, we will have the right to obtain restraining orders or temporary or permanent injunctions to: (i) enforce, among other matters, the provisions of this Agreement related to the System; (ii) enforce your obligations on termination or expiration of this Agreement; and (iii) prohibit any act or omission by you or your employees that is a violation of applicable Law or that threatens the Intellectual Property.
- 19.2 Cumulative Rights and Remedies.
Except as otherwise stated in this Agreement, no right or remedy that the parties have under this Agreement is exclusive of any other right or remedy under this Agreement or under applicable law.
Each and every such remedy will be in addition to, and not in limitation of or substitution for, every other remedy available at law or in equity or by statute or otherwise.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel retains the right to seek restraining orders and injunctions against its franchisees under certain circumstances. Even with the agreement to arbitrate disputes, both Carvel and the franchisee can seek temporary restraining orders and preliminary injunctive relief from a court, provided that the dispute is simultaneously submitted for arbitration. This allows Carvel to act quickly to prevent immediate harm while still adhering to the arbitration agreement.
Carvel has the right to obtain restraining orders or temporary or permanent injunctions to enforce provisions related to the Carvel system, enforce franchisee obligations upon termination or expiration of the Franchise Agreement, and prevent any actions or omissions by the franchisee or their employees that violate applicable laws or threaten Carvel's intellectual property. This ensures Carvel can protect its brand standards, confidential information, and legal rights.
These rights are cumulative, meaning Carvel's ability to pursue these legal remedies does not exclude any other rights or remedies available to them under the Franchise Agreement, applicable law, or equity. This comprehensive approach ensures Carvel has multiple avenues to address potential breaches or violations by the franchisee, safeguarding their interests and the integrity of the Carvel brand.