Is Bang Cookies allowed to require litigation to be conducted outside of Minnesota?

According to Bang Cookies's 2024 Franchise Disclosure Document, Minnesota franchisees are protected from being forced to litigate outside of Minnesota. Specifically, the FDD states that Minnesota Statute §80C.21 and Minnesota Rule 2860.4400J prohibit Bang Cookies from requiring litigation to be conducted outside of Minnesota. This protection ensures that Minnesota franchisees can resolve disputes within their own state's legal system.

This provision is included as an amendment to Item 17, "Renewal, Termination, Transfer and Dispute Resolution," of the standard Bang Cookies franchise agreement. The amendment explicitly states that nothing in the Disclosure Document or Franchise Agreement can override or diminish any rights provided to franchisees under Minnesota Statutes, Chapter 80C, including their rights to specific procedures, forums, or remedies available under Minnesota law.

This protection is significant for prospective Bang Cookies franchisees in Minnesota because it ensures they will not be at a disadvantage by having to pursue legal action in a distant or unfamiliar jurisdiction. It helps to level the playing field between the franchisor and franchisee, as the franchisee will not be burdened with additional travel costs, unfamiliar local rules, or the need to hire out-of-state counsel. This is a beneficial provision for Minnesota franchisees, as it keeps legal recourse local and more accessible.