factual

Can a 360 Painting franchisee in Minnesota consent to the franchisor obtaining injunctive relief?

360_Painting Franchise · 2025 FDD

Answer from 2025 FDD Document

. Sec. 80C, or your rights to any procedure, forum or remedies provided for by the laws of the jurisdiction.

Franchisee cannot consent to the franchisor obtaining injunctive relief. The franchisor may seek injunctive relief. A court will determine if a bond is required.

Item 6, Additional Disclosure:

NSF checks are governed by Minn. Stat. 604.113, which puts a cap of $30 on service charges.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)

What This Means (2025 FDD)

According to the 2025 360 Painting Franchise Disclosure Document, a franchisee in Minnesota cannot consent to the franchisor obtaining injunctive relief. However, 360 Painting retains the right to seek injunctive relief against its franchisees in Minnesota. Injunctive relief typically involves a court order that requires a party to do or cease doing a specific action.

This protection for Minnesota franchisees is in place due to Minnesota Rule 2860.4400J, which specifically prohibits franchisors from requiring franchisees to consent to the franchisor obtaining injunctive relief. This rule aims to protect franchisees from being forced into agreements that could unfairly limit their rights or remedies.

Furthermore, the FDD states that if 360 Painting seeks injunctive relief, the court will determine if a bond is required. A bond, in this context, serves as a financial guarantee that the franchisee will be compensated if the injunction is later found to be wrongfully issued or without sufficient cause. This provides an additional layer of protection for the franchisee, ensuring that the franchisor has some financial risk in seeking such a remedy.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.