Under what circumstances is Kitchen Solvers allowed to bring an action without first mediating?
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)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, an addendum for Minnesota franchisees states that in the event of a breach or threatened breach of the Franchise Agreement, Kitchen Solvers is entitled to seek an injunction or a decree of specific performance. This action can be taken without needing to show or prove any actual damage.
This means that Kitchen Solvers can immediately pursue legal action to stop a franchisee from violating the terms of the agreement. They can also compel the franchisee to fulfill their obligations under the agreement. This right extends until arbitrators make a final and binding determination on the matter.
Furthermore, Kitchen Solvers is entitled to recover reasonable attorneys' fees and other costs incurred while obtaining equitable relief. This provision applies specifically to franchisees operating in Minnesota, as it is part of the Minnesota addendum to the franchise agreement.
This clause provides Kitchen Solvers with a strong legal recourse in Minnesota to protect their interests and enforce the franchise agreement. It allows them to act swiftly to prevent potential damage caused by a franchisee's actions, without the delays associated with proving actual damages or waiting for arbitration to conclude.