In Minnesota, can a 360 Painting franchisee consent to the franchisor obtaining injunctive relief?
360_Painting Franchise · 2025 FDDAnswer 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.
This protection for franchisees is explicitly stated in the addendum for Minnesota franchisees. It ensures that franchisees are not forced to waive certain rights or agree to terms that are prohibited under Minnesota law. This provision is designed to balance the power between the franchisor and franchisee, preventing the franchisor from imposing unfair conditions.
Furthermore, the FDD specifies that if 360 Painting seeks injunctive relief, the court will determine whether a bond is required. This means that a judge will decide if 360 Painting needs to provide a financial guarantee to cover potential damages to the franchisee if the injunction is later found to be unjustified. This requirement adds another layer of protection for the franchisee, ensuring that the franchisor has some financial risk in seeking an injunction.