Can Black Bear Diner seek injunctive relief against a Minnesota franchisee?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Pursuant to Minnesota Rule 2860.4400J, the Franchisee shall not be required to consent to the Franchisor obtaining injunctive relief. However, Franchisor may seek injunctive relief. In addition, the court shall determine if a bond is required and the amount of such bond.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, Black Bear Diner may seek injunctive relief against a franchisee in Minnesota. However, Minnesota law stipulates that the court will determine if a bond is required and the amount of such bond. This indicates that while Black Bear Diner retains the right to pursue injunctive relief, the court has the final say on whether a bond is necessary to protect the franchisee during the legal proceedings.
This provision is outlined within an addendum to the franchise agreement that addresses specific regulations within Minnesota. The addendum clarifies that its provisions are effective only to the extent that they meet the jurisdictional requirements of Minnesota law. If any part of the addendum is inconsistent with the franchise agreement, the terms of the addendum will take precedence.
For a prospective Black Bear Diner franchisee in Minnesota, this means that while the franchise agreement generally allows for injunctive relief, Minnesota law adds a layer of protection. The franchisee cannot be required to consent to Black Bear Diner obtaining injunctive relief, and the court will assess the need for a bond, providing some financial security to the franchisee should the injunction later be deemed unwarranted. This ensures that the franchisee's rights are protected under Minnesota law, even within the context of the franchise agreement.