Can Bananas Smoothies Frozen Yogurt require litigation to be conducted outside of Minnesota?

According to the 2025 Bananas Smoothies Frozen Yogurt FDD, if a franchise is governed by Minnesota law, Bananas Smoothies Frozen Yogurt is prohibited from requiring that litigation be conducted outside of Minnesota. This protection is explicitly stated in the rider to the franchise agreement for franchisees in Minnesota. This ensures that franchisees operating in Minnesota have the right to pursue legal action within their own state, without being forced to litigate in a potentially distant or inconvenient jurisdiction.

This provision is included to protect the rights of franchisees in Minnesota, as outlined in Minn. Stat. § 80C.21 and Minn. Rule 2860.4400J. Additionally, the FDD states that nothing in the disclosure document or franchise agreement can reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by Minnesota law. This reinforces the commitment to upholding the legal rights and protections afforded to franchisees under Minnesota law.

Furthermore, Minnesota law ensures that franchisees cannot waive certain rights, including the right to a jury trial, and cannot be compelled to consent to the franchisor obtaining injunctive relief. While Bananas Smoothies Frozen Yogurt may seek injunctive relief, the franchisee's consent to such relief cannot be a requirement. These stipulations collectively aim to create a more balanced and equitable relationship between the franchisor and franchisee within the legal framework of Minnesota.