What provisional remedies can the Gold Star company seek from a court?
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 has the right to seek provisional remedies from a court. These remedies include unlawful detainer or eviction, judicial foreclosure of liens, and claims in bankruptcy.
Gold Star can pursue these remedies without it being considered a waiver of their right to compel the use of procedures that are outlined in the franchise agreement. This means that Gold Star can seek immediate relief from a court while still adhering to the contractual obligations for dispute resolution.
This clause in the franchise agreement allows Gold Star to take swift action to protect its interests in situations where a franchisee is in violation of the agreement, such as failing to pay fees or misusing trademarks. It also ensures that Gold Star can pursue legal remedies without forfeiting its right to enforce other provisions of the agreement.