Can All Team seek injunctive relief in Minnesota?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything contained in the foregoing Franchise Agreement and Franchise Disclosure Document ("FDD") to the contrary, the following provisions of the Minnesota Franchise Act shall apply to any franchise or franchisee located in the State of Minnesota, which shall control to the extent of any inconsistency:
The franchisee cannot consent to the franchisor obtaining injunctive relief.
The franchisor may seek injunctive relief.
See MINNESOTA RULES 2860.4400(J) also, a court will determine if a bond is required.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, All Team may seek injunctive relief against a franchisee located in Minnesota. However, the franchisee cannot consent to All Team obtaining injunctive relief. The FDD also states that Minnesota Rules 2860.4400(J) will determine if a bond is required.
This means that while All Team retains the right to pursue injunctive relief in Minnesota to protect its interests, franchisees cannot be forced to agree to such measures in advance. The decision to grant injunctive relief and whether a bond is necessary rests with the court, based on Minnesota law. This provision aims to balance the franchisor's need to enforce the franchise agreement with the franchisee's rights under Minnesota law.
This clause is specific to franchises governed by Minnesota law, and it supersedes any conflicting terms in the standard franchise agreement or FDD. Prospective franchisees in Minnesota should be aware of this provision, as it clarifies the circumstances under which All Team can seek injunctive relief and ensures that their rights are protected under state law.