Can a Brain Balance franchisee consent to the franchisor obtaining injunctive relief in Minnesota?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
The franchisee cannot consent to the franchisor obtaining injunctive relief.
The franchisor may seek injunctive relief.
See Minn.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, a franchisee in Minnesota cannot consent to Brain Balance obtaining injunctive relief. However, Brain Balance retains the right to seek injunctive relief. This information is detailed within the Minnesota Addendum to the Franchise Agreement.
This provision protects Minnesota franchisees from being forced to agree in advance to actions that could negatively impact their business. Injunctive relief can be a powerful legal tool, and this clause ensures that a franchisee's consent cannot be assumed. Instead, a court must independently determine if such relief is warranted.
This protection aligns with Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J), which generally aim to safeguard franchisees' rights within the state. It is important for prospective Brain Balance franchisees in Minnesota to understand this addendum, as it modifies certain terms of the standard franchise agreement to comply with Minnesota law.