Can Fly To Fit or the franchisee seek injunctive relief related to a dispute?

According to Fly To Fit's 2024 Franchise Disclosure Document, both Fly To Fit and the franchisee have the ability to seek injunctive relief in the event of a dispute. Specifically, either party can apply to an arbitrator for injunctive relief until an arbitration award is issued or the dispute is otherwise resolved. This means that during the arbitration process, either party can ask the arbitrator to order the other party to take certain actions or refrain from certain actions to prevent immediate and irreparable harm.

Furthermore, Fly To Fit or the franchisee can seek interim or provisional injunctive relief from any court with jurisdiction, without giving up their right to arbitrate the dispute. This allows either party to quickly seek a court order to protect their interests while the arbitration process is ongoing. This is a common practice in franchising, as it allows parties to address urgent issues while still adhering to the arbitration agreement.

However, the FDD also specifies that either party may bring a claim involving an alleged infringement of any of Fly To Fit's intellectual property rights in a court authorized to hear such claims. This means that disputes related to intellectual property infringement may be handled outside of arbitration, directly in a court of law. This is an important consideration for prospective franchisees, as it clarifies the avenues available for resolving different types of disputes.