For Augusta Lawn Care franchises in Minnesota, can I waive my right to a jury trial?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Despite anything to the contrary in the Franchise Agreement, the following provisions will supersede and apply to all Franchises offered and sold in the State of Minnesota:
Minn. Rule Part 2860.4400J. prohibits a franchisee from waiving his rights to a jury trial or waiving his rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction, or consenting to liquidated damages, termination penalties or judgment notes.
Any provision in the Franchise Agreement which would require you to waive your rights to any procedure, forum or remedies provided for by the laws of the State of Minnesota is deleted from any agreement relating to Franchises offered and sold in the State of Minnesota; provided, however, that this paragraph will not affect the obligation in the Franchise Agreement relating to arbitration.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, if you are opening a franchise in Minnesota, you cannot waive your right to a jury trial. The Minnesota Addendum to the Franchise Disclosure Document explicitly states that any provision in the Franchise Agreement that requires you to waive your rights to any procedure, forum, or remedies provided by the laws of the State of Minnesota is deleted from any agreement relating to franchises offered and sold in Minnesota. This includes the right to a jury trial.
This protection is reinforced by Minnesota Rule Part 2860.4400J, which specifically prohibits a franchisee from waiving their right to a jury trial or waiving their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. This rule also prevents consenting to liquidated damages, termination penalties, or judgment notes.
Therefore, for Augusta Lawn Care franchises in Minnesota, the standard franchise agreement's waiver of jury trial rights is not enforceable, ensuring franchisees retain their legal rights within the state.