Is Kitchen Solvers required to engage in mediation or arbitration before seeking injunctive relief to protect its tangible or intangible property?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers is not required to engage in mediation or arbitration before seeking injunctive relief to protect its tangible or intangible property. The FDD outlines specific exceptions to the mediation and arbitration requirements.
Specifically, Kitchen Solvers can pursue actions for declaratory or equitable relief, including seeking preliminary or permanent injunctive relief or specific performance, to address harm or potential harm to its tangible or intangible property without first going through mediation or arbitration. This allows Kitchen Solvers to act swiftly to protect its assets.
Additionally, Kitchen Solvers can pursue claims related to a franchisee's failure to pay fees, failure to comply with confidentiality and noncompetition agreements, and/or the franchisee's use of the Kitchen Solvers' marks and system, including claims for violations of the Lanham Act, without being subject to mediation or arbitration. This provides Kitchen Solvers with direct legal recourse in these specific situations, ensuring the brand's financial interests and intellectual property are protected.