Is the governing law for the Amerispec Inspection Services agreement subject to any exceptions?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Section 21 of the Agreement is amended by adding the following language:
- "Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J, prohibit the Company from requiring litigation, to be conducted outside Minnesota. In addition, nothing in the DISCLOSURE DOCUMENT or agreement can abrogate or reduce any of the Franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or Franchisee's right to any procedure, forum, or remedies provided for by the laws of the jurisdiction."
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- Sections 3(04), 16, and 19(02) of the Agreement are amended by adding the following language:
- "With respect to franchises governed by Minnesota law, the Company will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, (1) that a Franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the Franchise Agreement, and (2) that consent to the transfer of the franchise will not be unreasonably withheld."
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- Section 10 of the Agreement is amended by the addition of the following language:
- "The Company will protect the Franchisee's right to use the trademarks, service marks, trade names, logotypes or other commercial symbols or indemnify the Franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name.
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- Section 20 of the Agreement is amended by the addition of the following language:
- "The franchisor may seek injunctive relief; however, franchisee cannot consent to the franchisor obtaining injunct
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services Franchise Disclosure Document, the franchise agreement is subject to certain exceptions, particularly concerning Minnesota law. Section 21 of the agreement is amended to state that Minnesota Statute 80C.21 and Minnesota Rule 2860.4400J, prevent Amerispec Inspection Services from requiring litigation to occur outside of Minnesota. Furthermore, nothing in the disclosure document or agreement can reduce a franchisee's rights as provided by Minnesota Statutes, Chapter 80C, or their right to any procedure, forum, or remedies under Minnesota law.
Additionally, Sections 3(04), 16, and 19(02) of the agreement are amended to ensure compliance with Minn. Stat. Sec. 80C.14, Subds. 3, 4, and 5. These statutes generally require Amerispec Inspection Services to provide a franchisee with 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the franchise agreement, except in specific cases. Moreover, consent to the transfer of the franchise will not be unreasonably withheld for franchises governed by Minnesota law.
Section 10 of the agreement is also amended to include that Amerispec Inspection Services will protect the franchisee's right to use trademarks, service marks, trade names, logotypes, or other commercial symbols. They will also indemnify the franchisee from any losses, costs, or expenses arising from claims, suits, or demands regarding the use of the name. Section 20 of the agreement is amended to state that while the franchisor may seek injunctive relief, the franchisee cannot consent to the franchisor obtaining injunctive relief.