Can the arbitrator modify the Kitchen Solvers agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Therefore, it is mutually agreed that in the event of a breach or threatened breach of any of the terms of this Agreement the other party will forthwith be entitled to seek an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and other costs incurred in obtaining said equitable relief, until such time as a final and binding determination is made by the arbitrators.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, the addendum for Minnesota addresses modifications to the franchise agreement. Specifically, in the event of a breach or threatened breach of the agreement, either party is entitled to seek an injunction or specific performance. This right exists until a final and binding determination is made by the arbitrators.
This clause ensures that parties can seek immediate equitable relief, such as an injunction, to prevent further damage while awaiting the arbitrator's final decision. The arbitrator's determination is described as "final and binding", suggesting that the arbitrator's decision is the ultimate resolution.
This addendum modifies the original agreement to allow for immediate injunctive relief while awaiting arbitration, and it emphasizes the finality of the arbitrator's decision. Prospective franchisees should understand that while they can seek immediate relief, the arbitrator's ultimate decision will be binding.