Does the Gold Star franchise agreement specify that the company is entitled to the entry of permanent injunctions?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
Further, the COMPANY shall be entitled without bond to the entry of temporary and permanent injunctions and orders of specific performance enforcing the provisions of this Agreement relating to use of the Marks, Confidential Material or competition, the rights and obligations upon termination of expiration of this Agreement, and rights and obligations relating to any Transfer or similar matters of potential irreparable harm to the COMPANY, and shall have the right to seek from an appropriate court such provisional remedies as unlawful detainer or eviction, judicial foreclosure of liens, claims in bankruptcy and similar remedies; and seeking any such injunctive or provisional relief shall not constitute a waiver of the COMPANY's right to compel use of the procedures set forth below.
Source: Item 23 — Receipts (FDD pages 53–163)
What This Means (2025 FDD)
According to Gold Star's 2025 Franchise Disclosure Document, Gold Star is entitled to the entry of temporary and permanent injunctions under certain conditions. Specifically, Gold Star can seek these injunctions without needing to post a bond.
These injunctions and orders of specific performance can be enforced to ensure franchisees adhere to provisions in the franchise agreement. This includes regulations related to the use of Gold Star's Marks, Confidential Material, or competition. It also applies to the rights and obligations upon termination or expiration of the agreement, and rights and obligations relating to any Transfer or similar matters of potential irreparable harm to Gold Star.
Additionally, Gold Star has the right to seek provisional remedies from a court, such as unlawful detainer or eviction, judicial foreclosure of liens, claims in bankruptcy, and similar remedies. Seeking injunctive or provisional relief does not waive Gold Star's right to compel the use of the procedures outlined in the agreement.