Does Kitchen Solvers allow for actions seeking preliminary or permanent injunctive relief, specific performance, or other equitable relief to enjoin harm to tangible or intangible property, even before or during arbitration?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
and may be entered in any court having jurisdiction.
- 8.2.8 We reserve the right, but have no obligation, to advance your share of the costs of any arbitration proceeding in order for such arbitration proceeding to take place and by doing so shall not be deemed to have waived or relinquished our right to seek recovery of those costs against you.
8.3 Exceptions to Mediation and Arbitration
Notwithstanding Section 8.1 or Section 8.2, the parties agree that the following claims will not be subject to mediation or arbitration:
- (a) any action for declaratory or equitable relief, including, without limitation, seeking preliminary or permanent injunctive relief, specific performance, other relief in the nature of equity to enjoin any harm or threat of harm to such party's tangible or intangible property, brought at any time, including, without limitation, prior to or during the pendency of any arbitration proceedings initiated hereunder;
- (b) any action in ejectment or for possession of any interest in real or personal property; or
- (c) any claim by us: (a) relating to your failure to pay any fee due to us under this Agreement; (b) relating to your failure to comply with the confidentiality and noncompetition covenants set forth in this Agreement; and/or (c) and/or our affiliates relating
to your use of the Marks and/or the System, including, without limitation, claims for violations of the Lanham Act.
**9.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, certain claims are exempt from mediation or arbitration, allowing parties to seek immediate equitable relief. Specifically, Kitchen Solvers and its franchisees can pursue actions for declaratory or equitable relief, including preliminary or permanent injunctive relief, specific performance, or other equitable remedies to prevent harm to tangible or intangible property. This can be done at any time, even before or during ongoing arbitration proceedings.
This provision enables Kitchen Solvers or a franchisee to quickly seek court intervention to protect their interests related to tangible or intangible property, such as intellectual property or physical assets, without waiting for the completion of mediation or arbitration. This is particularly important when there is an immediate threat of harm that could cause irreparable damage if not addressed promptly.
Furthermore, Kitchen Solvers retains the right to seek temporary and permanent injunctions and orders of specific performance to enforce provisions related to the franchisee's use of trademarks, the construction and equipping of the franchised business, obligations upon termination or expiration of the agreement, and transfers of the agreement or ownership interests. This also applies to actions needed to prevent violations of applicable laws or dishonest/misleading conduct by the franchisee or its employees. This ensures Kitchen Solvers can act swiftly to maintain brand standards and legal compliance across its franchise network.
This approach is fairly common in franchising, as it allows franchisors to protect their brand and system standards while also providing franchisees with a mechanism to protect their business interests from immediate harm. However, franchisees should be aware of the specific circumstances under which Kitchen Solvers can seek such relief and understand their own rights and obligations in such situations.