factual

In Minnesota, can a Cream franchisee consent to Cream obtaining injunctive relief?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

You cannot consent to us obtaining injunctive relief. You may seek injunctive relief. See Minnesota Rule 2860.4400(J). Also, a court will determine if a bond is required.

Source: Item 23 — RECEIPTS (FDD pages 61–192)

What This Means (2025 FDD)

According to Cream's 2025 Franchise Disclosure Document, if a Cream franchise is governed by Minnesota law, the franchisee cannot consent to Cream obtaining injunctive relief. However, the franchisee may seek injunctive relief. This protection is detailed under Minnesota Rule 2860.4400(J). Additionally, the document states that a court will determine if a bond is required in such cases.

This provision ensures that Cream franchisees in Minnesota retain their legal rights and are not forced to waive them as a condition of the franchise agreement. This is particularly important because it prevents Cream from leveraging its position to impose unfair terms on franchisees through mandatory consent to injunctive relief.

This type of protection is not uncommon in franchise law, as several states have regulations in place to protect franchisees from overreaching franchisor demands. Prospective Cream franchisees in Minnesota should be aware of this protection, as it can be a significant safeguard in the event of a dispute with the franchisor. It is advisable to consult with a legal professional to fully understand the implications of these regulations and how they apply to their specific situation.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.