Is Bombs Away allowed to seek injunctive relief in Minnesota?

According to Bombs Away's 2024 Franchise Disclosure Document, the franchisor is permitted to seek injunctive relief in Minnesota. However, the franchisee cannot consent to Bombs Away obtaining injunctive relief. This is clarified in the Minnesota Rider to the Franchise Agreement, which states that the franchisor may seek injunctive relief, referencing Minnesota Rules 2860.4400J. A court will determine if a bond is required.

This means that Bombs Away retains the right to pursue court orders to prevent a franchisee from taking certain actions that could harm the business or brand, such as violating non-compete agreements or misusing confidential information. However, the franchisee cannot be forced to agree in advance to such an injunction. This provides a layer of protection for the franchisee, ensuring that a court will independently assess the situation before granting injunctive relief.

This clause reflects Minnesota's franchise laws, which aim to balance the rights and obligations of both the franchisor and franchisee. The inclusion of the Minnesota Rider ensures that the franchise agreement complies with Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J), which address litigation, jury trial waivers, and consent to certain penalties. Prospective franchisees should be aware of these specific protections afforded to them under Minnesota law.