Does the release language in the Atwell Suites franchise disclosure document or license agreement relieve Holiday or any other person from liability imposed by Minnesota franchise laws?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
No release language set forth in the franchise disclosure document, in Section 13.I. of the License Agreement or anywhere else in the License Agreement will relieve Holiday or any other person, directly or indirectly, from liability imposed by the laws concerning franchising of the State of Minnesota.
Minn. Stat. §80C.21 and Minn. Rule 2860.4400J prohibit the Franchisor 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. In addition, nothing in the disclosure document or agreement(s) 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.
Minnesota Statutes, Section 80C.14 subdivisions 3, 4, and 5 require, except in certain specified cases, that a licensee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the License.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the release language within the document and license agreement does not relieve Holiday or any other person from liability imposed by Minnesota franchise laws. Specifically, the Minnesota addendum to the Atwell Suites license agreement clarifies that no release language in the franchise disclosure document or the license agreement can absolve Holiday or any other person from liabilities under Minnesota franchising laws. This ensures that franchisees operating in Minnesota retain the full protection of Minnesota's franchise laws, regardless of any general release clauses that might appear elsewhere in the agreement.
Furthermore, the addendum emphasizes that nothing in the disclosure document or agreements can reduce a franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. This provision reinforces the franchisee's legal standing and ensures that the franchisor cannot circumvent Minnesota law through contractual terms.
This protection extends to various aspects of the franchise relationship, including termination and non-renewal rights. Minnesota Statutes require that a licensee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the license, except in certain specified cases. Additionally, Minnesota law prohibits Atwell Suites 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. These stipulations collectively safeguard the interests and rights of Atwell Suites franchisees operating within Minnesota.