Can a Bombs Away franchisee consent to the franchisor obtaining injunctive relief in Minnesota?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- The franchisee cannot consent to the franchisor obtaining injunctive relief.
The franchisor may seek injunctive relief.
See Minn.
Rules 2860.4400J.
Also, a court will determine if a bond is required.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, a franchisee in Minnesota cannot consent to Bombs Away obtaining injunctive relief. The FDD states that Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit Bombs Away from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes.
This means that Bombs Away franchisees in Minnesota retain their rights under Minnesota law, and any attempt to force them to waive these rights is invalid. The franchisor may seek injunctive relief, but a court will determine if a bond is required.
This protection ensures that Minnesota franchisees are not unfairly disadvantaged in legal disputes with Bombs Away and that their legal rights are upheld within the state.