In Minnesota, can 7 Brew require a franchisee to waive their right to a jury trial?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
, we will comply with Minn. Stat. Sec. 604.113, which puts a cap of $30 on an NSF check.
- The following paragraphs are added at the end of the chart in Item 17:
With respect to franchises governed by Minnesota law, we will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, that you be given 90 days' notice of termination (with 60 days to cure) of the Franchise Agreement and 180 days' notice of non-renewal of the Franchise Agreement.
Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit us from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring you to consent to liquidated damages, termination penalties, or judgment notes.
Source: Item 22 — CONTRACTS (FDD pages 82–83)
What This Means (2025 FDD)
According to the 2025 7 Brew Franchise Disclosure Document, Minnesota law protects franchisees from being required to waive their right to a jury trial. Specifically, Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit 7 Brew from including any clause in their franchise agreement that mandates franchisees to waive their right to a jury trial. This protection ensures that franchisees operating in Minnesota have the right to a jury trial if a dispute arises under the franchise agreement.
Furthermore, the FDD states that if and to the extent required by the Minnesota Franchises Law, Sections 21.I and 21.J of the Franchise Agreement are deleted in their entirety. This clause reinforces the protection provided by Minnesota law, ensuring that any conflicting terms in the standard franchise agreement are overridden to comply with state regulations. This means that 7 Brew franchisees in Minnesota will not be bound by any agreement to waive their right to a jury trial, and they retain the ability to seek a jury trial in disputes with the franchisor.
This provision is a significant benefit for prospective 7 Brew franchisees in Minnesota, as it ensures they have access to a full range of legal remedies and protections under state law. Franchise agreements often contain clauses that limit franchisees' legal rights, so this protection is a notable advantage. Franchisees should still consult with an attorney to fully understand their rights and obligations under the franchise agreement, but this specific protection offers added security.