Does seeking interim relief waive the right to arbitrate for Floors To Go?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding any provisions of Article 14 set forth above, any party to this Agreement may seek, at any time from any court having jurisdiction, any preliminary, interim or provisional relief or measures, including, without limitation, preliminary or temporary injunctive relief with respect to any violation of Sections 3.1(a), 4, 9.3, 9.4, 11.1(a), or 13.3(a)(2)- (a)(6), without violating the agreement to arbitrate set forth above, and without waiving the right to arbitrate.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, seeking preliminary, interim, or provisional relief from a court does not waive the right to arbitrate. Floors To Go permits any party to seek preliminary or temporary injunctive relief concerning violations of specific sections of the franchise agreement without losing their right to pursue arbitration.
This provision allows both Floors To Go and its franchisees to seek immediate court intervention to prevent potential harm, such as breaches of confidentiality, non-compete clauses, or unauthorized use of trademarks, while still maintaining their right to resolve the overall dispute through arbitration. This approach balances the need for urgent action with the benefits of a potentially more efficient and cost-effective arbitration process.
For a prospective Floors To Go franchisee, this is a beneficial term. It means that if a situation arises where immediate action is needed to protect their business interests, they can seek a temporary court order without jeopardizing their ability to arbitrate the larger dispute. This can be particularly important in cases involving intellectual property or competitive issues where delays could cause significant damage.