Can Focus Cfo pursue injunctive relief through arbitration?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.2. Injunctive Relief. As any breach by Franchisee of any of the restrictions contained in Sections 12, 13, 14 and 15 would result in irreparable injury to Focus CFO, and as the damages arising out of any such breach would be difficult to ascertain, in addition to all other remedies provided by law or in equity, Focus CFO shall be entitled to seek injunctive relief (whether a restraining order, a preliminary injunction or a permanent injunction) against any such breach, whether actual or contemplated. Focus CFO's right to seek injunctive relief will not affect the parties' waiver of jury trial and covenant to arbitrate all disputes in accordance with Section 18. Focus CFO's rights herein shall include pursuing injunctive relief through arbitration or in state or federal court.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, Focus Cfo retains the right to seek injunctive relief, which includes pursuing such relief through arbitration or in state or federal court. This is particularly relevant in cases where a franchisee breaches restrictions outlined in Sections 12, 13, 14, and 15 of the franchise agreement.
Specifically, Focus Cfo can seek a restraining order, preliminary injunction, or permanent injunction against any actual or contemplated breach by a franchisee. The FDD emphasizes that such breaches would cause irreparable injury to Focus Cfo, and the resulting damages would be difficult to determine.
This right to seek injunctive relief, whether through arbitration or in court, is explicitly stated not to affect the parties' agreement to arbitrate disputes and waive jury trials as detailed in Section 18 of the franchise agreement. This ensures Focus Cfo can act swiftly to protect its interests while still adhering to the dispute resolution processes outlined in the agreement.