Where can Monicals Pizza bring claims for injunctive relief against the Developer?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor's right to seek injunctive relief shall take precedence over the covenant to arbitrate all disputes in accordance with Section 23.7. Franchisor's rights herein shall include pursuing injunctive relief through arbitration or in a state or federal court.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to the 2025 Monicals Pizza Franchise Disclosure Document, Monicals Pizza has multiple avenues for pursuing injunctive relief against a developer. Specifically, Monicals Pizza can pursue injunctive relief through arbitration or in a state or federal court.
This right to seek injunctive relief takes precedence over the standard covenant to arbitrate all disputes. This means that Monicals Pizza is not obligated to enter arbitration before pursuing injunctive relief in court.
This clause protects Monicals Pizza from potential irreparable harm resulting from breaches of the Development Agreement, allowing them to seek immediate legal intervention to prevent further damage. The developer also waives any defenses against such injunctive relief.