In Minnesota, can 1-800-GOT-JUNK? require a franchisee to waive their right to a jury trial?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
MINNESOTA
ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT AND FRANCHISE AGREEMENT
The following modifications are to the 1-800-GOT-JUNK?
LLC Franchise Disclosure Document and
may supersede, to the extent then required by valid applicable state law, certain portions of the Franchise
Agreement dated __________________, 20.
Minn.
Stat.
Sec. 80C.21 and Minn.
Rule Part 2860.4400J, may prohibit us from requiring litigation to
be conducted outside Minnesota.
In addition, nothing in the Disclosure Document or Franchise Agreement
can abrogate or reduce any of your rights as provided for in Minnesota Statutes, Chapter 80C, or your rights to
any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, Minnesota law may protect a franchisee's rights regarding legal proceedings. Specifically, the addendum to the franchise agreement states that nothing in the disclosure document or franchise agreement can reduce any of your rights as provided for in Minnesota Statutes, Chapter 80C, or your rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
This means that certain standard clauses in the 1-800-GOT-JUNK? franchise agreement, such as those requiring litigation to occur outside of Minnesota, may not be enforceable if they conflict with Minnesota law. The addendum ensures that Minnesota franchisees retain all rights and remedies available to them under state law, regardless of what the standard franchise agreement might say.
For a prospective 1-800-GOT-JUNK? franchisee in Minnesota, this addendum offers a degree of protection by ensuring that their legal rights under Minnesota law are preserved. It prevents 1-800-GOT-JUNK? from enforcing provisions that might limit a franchisee's access to local courts or reduce their legal remedies. Franchisees should consult with an attorney to fully understand their rights and how Minnesota law applies to their franchise agreement.