Is a Cinnaholic franchisee in Minnesota required to consent to the franchisor obtaining injunctive relief?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee is not required to consent to Franchisor obtaining injunctive relief.
Franchisor may seek and obtain injunctive relief under appropriate circumstances.
See Minnesota Rule 2860.4400(J) also, a court will determine if a bond is required.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 27–35)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, a franchisee in Minnesota is not required to consent to Cinnaholic obtaining injunctive relief. However, Cinnaholic retains the right to seek and obtain injunctive relief under appropriate circumstances. The document also notes that the court will determine if a bond is required, referencing Minnesota Rule 2860.4400(J).
This means that while Cinnaholic can pursue injunctive relief, the franchisee doesn't have to pre-approve or consent to it. The decision to grant injunctive relief remains with the court, ensuring the franchisee's rights are considered. This is a beneficial provision for franchisees as it prevents Cinnaholic from forcing consent to actions that could potentially harm their business.
This arrangement is fairly standard in franchising, where franchisors often need the ability to seek injunctive relief to protect their brand and system, but franchisees are also afforded certain protections under state laws. The specific rules and regulations in Minnesota, as referenced in the FDD, further clarify the balance of power and rights between Cinnaholic and its franchisees.