Is Clear Pest Pros allowed to seek injunctive relief against a franchisee in Minnesota?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Dispute Resolution Procedures/Governing Law. The following language is added to Sections 15.F and 15.H. of the Agreement:
Pursuant to Minn. Stat. 80c.21 and Minn. Rule 2860.4400j, these sections shall not in any way abrogate or reduce your rights as provided for in Minnesota statutes 1984, chapter 80c, including the right to submit matters to the jurisdiction of the courts of Minnesota. Accordingly, Franchisee is not required to consent to the franchisor obtaining injunctive relief or to the waiver of a bond. The franchisor may seek injunctive relief. See Minn. Rules 2860.4400(J).
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, the franchise agreement does not prevent Clear Pest Pros from seeking injunctive relief against a franchisee in Minnesota. The FDD specifies that pursuant to Minn. Stat. 80c.21 and Minn. Rule 2860.4400j, sections of the agreement relating to dispute resolution and governing law shall not reduce a franchisee's rights under Minnesota statutes, including the right to submit matters to Minnesota courts.
However, the document explicitly states that franchisees are not required to consent to Clear Pest Pros obtaining injunctive relief. The FDD also references Minn. Rules 2860.4400(J), which likely contains further details or restrictions regarding injunctive relief and other legal remedies available to Clear Pest Pros.
This means that while Clear Pest Pros retains the right to pursue injunctive relief in Minnesota courts, the franchisee's rights and remedies under Minnesota law are protected. A prospective franchisee should carefully review Minn. Rules 2860.4400(J) and consult with a legal professional to fully understand the circumstances under which Clear Pest Pros may seek injunctive relief and the franchisee's potential defenses or counterclaims.