How many days does an Aerus franchisee have to wind down operations after termination in Minnesota?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
With respect to franchises governed by Minnesota law, Company will comply with Minn. Stat. Section 80C, Subds. 3, 4, and 5 which require, except in certain specified cases, that Franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of this Agreement.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Minnesota franchisees are generally entitled to specific notice periods before termination or non-renewal. Aerus will comply with Minn. Stat. Section 80C, Subds. 3, 4, and 5, which mandates that franchisees receive 90 days' notice of termination, along with a 60-day period to cure any defaults, and 180 days' notice for non-renewal of the franchise agreement.
This means that an Aerus franchisee in Minnesota, in most cases, will have at least 90 days' notice before the franchise is terminated, providing an opportunity to address any issues and potentially avoid termination. Additionally, they are provided 60 days to cure the issues. This longer notice period can be beneficial for franchisees as it allows them more time to prepare for the end of their franchise operations, find a buyer for the business, or negotiate with Aerus.
It is important to note the phrase "except in certain specified cases," meaning there may be circumstances where these notice periods do not apply. A prospective franchisee should seek clarification from Aerus about what these exceptions are and under what conditions they might be invoked. Understanding these exceptions is crucial for assessing the risks associated with investing in an Aerus franchise in Minnesota.
Furthermore, the Minnesota Addendum emphasizes the protection of franchisees' rights under Minnesota Statutes, Chapter 80C, ensuring that no clause in the disclosure document or agreement can diminish these rights. This provides an additional layer of security for Aerus franchisees operating in Minnesota.