Under Minnesota law, can Bombs Away require a franchisee to consent to judgment notes?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 22: CONTRACTS]
- 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 Bombs Away's 2024 Franchise Disclosure Document, a franchisee in Minnesota cannot consent to the franchisor obtaining injunctive relief. The FDD references Minnesota Rules 2860.4400J regarding injunctive relief, and also states that a court will determine if a bond is required. This suggests that while Bombs Away may seek injunctive relief, the franchisee cannot pre-emptively consent to it, and a court will decide on the necessity of a bond.
This provision is included in the Minnesota Rider to the Franchise Agreement, indicating that Minnesota law places specific limitations on what a franchisee can agree to regarding legal remedies available to Bombs Away. This is designed to protect franchisees from potentially overreaching actions by the franchisor.
For a prospective Bombs Away franchisee in Minnesota, this means they cannot be compelled to sign an agreement that automatically allows Bombs Away to obtain an injunction against them. A court must review the situation and decide if such action is warranted and whether a bond is necessary. This provides an additional layer of protection for the franchisee under Minnesota law.