Where can Monicals Pizza bring claims for injunctive relief against the franchisee?
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 FDD, Monicals Pizza has the right to seek injunctive relief through arbitration or in a state or federal court. This means that if a franchisee violates certain parts of the franchise agreement, Monicals Pizza can pursue legal action to stop the franchisee's behavior.
The FDD specifies that Monicals Pizza does not need to post a bond to obtain injunctive relief. Additionally, the franchisee is responsible for Monicals Pizza's reasonable attorney's fees if the company pursues injunctive relief.
This clause emphasizes the importance of adhering to the franchise agreement. It also gives Monicals Pizza multiple avenues (arbitration, state court, or federal court) to enforce the agreement and protect its interests, while potentially shifting the legal costs to the franchisee in case of a breach.