Who determines whether a bond is required when Crisp & Green seeks injunctive relief in Minnesota?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
- Under Minn. Rules Part 2860.4400J, a franchisee cannot waive any rights to any remedies provided for by Minnesota law and a franchisee cannot consent to the franchisor obtaining injunctive relief, although the franchisor may seek injunctive relief.
The court will also determine whether a bond is required.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, in Minnesota, the court will determine whether a bond is required if Crisp & Green seeks injunctive relief. This is in accordance with Minn. Rules Part 2860.4400J, which states that a franchisee cannot consent to Crisp & Green obtaining injunctive relief, although Crisp & Green may seek it.
This means that if Crisp & Green seeks a court order (injunctive relief) against a franchisee in Minnesota, the court will decide if Crisp & Green needs to provide a bond. A bond is a sum of money or other security deposited with the court to cover potential damages to the franchisee if the injunction is later found to be wrongly issued.
This provision protects Minnesota franchisees by ensuring that they do not automatically waive their rights regarding injunctive relief and that a neutral court assesses the necessity of a bond to protect the franchisee's interests. This is more protective than in some states where the franchise agreement might dictate such terms.