Does the Anago Subfranchise Rights Agreement affect any rights a franchisee has under Minnesota Statutes Chapter 80C?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
ection 13.1). You agree that we may seek such injunctive relief in addition to such further or other relief as may be available at law or in equity. You agree that your only remedy if an injunction is entered against you will be the dissolution of that injunction, if warranted, upon due hearing (all claims for damages by
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- JURISDICTION AND VENUE. Section 13.4 of the Subfranchise Rights Agreement is deleted and replaced with the following:
- 13.4 JURISDICTION AND VENUE. SUBJECT TO SECTION 13.1 ABOVE AND THE PROVISIONS BELOW, YOU AND YOUR OWNERS AGREE THAT ALL ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OTHERWISE AS A RESULT OF THE RELATIONSHIP BETWEEN YOU AND US MUST BE COMMENCED EXCLUSIVELY IN THE STATE OR FEDERAL COURT OF GENERAL JURISDICTION WHICH IS CLOSEST TO OUR THEN CURRENT PRINCIPAL PLACE OF BUSINESS (CURRENTLY POMPANO BEACH, FLORIDA), AND WE AND YOU (AND EACH OWNER) IRREVOCABLY CONSENT TO THE JURISDICTION OF THOSE COURTS AND WAIVE ANY OBJECTION TO EITHER THE JURISDICTION OF OR VENUE IN THOSE COURTS. NOTWITHSTANDING THE FOREGOING, MINN. STAT. SEC. 80C.21 AND MINN. RULE 2860.4400J PROHIBIT US, EXCEPT IN CERTAIN SPECIFIED CASES, FROM REQUIRING LITIGATION TO BE CONDUCTED OUTSIDE MINNESOTA. NOTHING IN THIS AGREEMENT SHALL ABROGATE OR REDUCE ANY OF YOUR RIGHTS UNDER MINNESOTA STATUTES CHAPTER 80C OR YOUR RIGHT TO ANY PROCEDURE, FORUM OR REMEDIES THAT THE LAWS OF THE JURISDICTION PROVIDE.
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- GOVERNING LAW. Section 13.5 of the Subfranchise Rights Agreement is deleted and replaced with the following:
- H. GOVERNING LAW. **ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE UNITED STATES FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1 ET SEQ.). EXCEPT TO THE EXTENT GOVERNED BY THE FEDERAL ARBITRATION ACT, THE UNITED STATES TRADEMARK ACT OF 1946 (LANHAM ACT, 15 U.S.C.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the Subfranchise Rights Agreement does not reduce any rights a franchisee has under Minnesota Statutes Chapter 80C. Specifically, the document states that nothing in the agreement will abrogate or reduce any of your rights under Minnesota Statutes Chapter 80C or your right to any procedure, forum, or remedies that the laws of the jurisdiction provide. This ensures that Minnesota franchisees retain all protections and rights granted to them under Minnesota law.
Furthermore, Minnesota law provides franchisees with certain termination and non-renewal rights. Anago must provide 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal, except in certain specified cases. Additionally, Minnesota law might prohibit Anago from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring consent to liquidated damages, termination penalties, or judgment notes.
Any release as a condition of renewal and/or transfer/assignment will not apply to the extent prohibited by applicable law with respect to claims arising under Minn. Rule 2860.4400D. While Anago will enforce the provisions in their Subfranchise Rights Agreement to the extent the law allows, the franchisee's rights under Minnesota law are protected.