Can Flowerama seek injunctive relief, and who determines if a bond is required?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Minnesota law prohibits us from requiring you to consent to us obtaining injunctive relief. However, we may seek injunctive relief. In addition, a court will determine if a bond is required.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 72–77)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, specifically the Minnesota addendum, Flowerama retains the right to seek injunctive relief against franchisees. However, Minnesota law prevents Flowerama from requiring franchisees to consent to this.
Furthermore, the document clarifies that the decision of whether a bond is required in such cases rests with the court, not with Flowerama. This means that if Flowerama seeks an injunction against a franchisee in Minnesota, a judge will determine if Flowerama must post a bond to protect the franchisee from potential losses if the injunction is later found to be unjustified.
This information is crucial for prospective Flowerama franchisees in Minnesota as it outlines the legal recourse available to Flowerama and the safeguards in place to protect the franchisee. It is important to note that this specific clause applies to franchisees operating in Minnesota, and the terms may differ in other states.