Does the Ben Jerrys Franchise Disclosure Document in Minnesota allow for the abrogation or reduction of any rights provided in Minnesota Statutes, Chapter 80C?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Minn. Stat. §80C.21 and Minn. Rule 2860.4400J prohibit us 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, we must comply with the limitation on actions provision appearing at Minn. Stat. §80C.17, Subd. 5. 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.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the document explicitly states that nothing within it or the franchise agreements can diminish a franchisee's rights as protected by Minnesota Statutes, Chapter 80C. This also extends to the franchisee's rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. This provision is included as part of the Minnesota Disclosure addendum to ensure compliance with Minnesota franchise law.
This means that Ben Jerrys franchisees in Minnesota retain all rights and protections granted to them under Minnesota franchise law. The franchise agreement and other related documents cannot override or reduce these rights. This assurance is crucial for prospective franchisees as it provides a legal safeguard, ensuring that the franchisor cannot use the franchise agreement to circumvent state law.
Furthermore, the addendum specifies that it is effective only to the extent that the jurisdictional requirements of the Minnesota Franchises Law are met independently, without relying on the addendum itself. This reinforces the commitment to upholding the franchisee's rights under Minnesota law. This protection is a significant benefit for franchisees, offering a level of security and recourse in case of disputes or disagreements with Ben Jerrys.