Does Minnesota law allow Ben Jerrys to require litigation to be conducted outside of Minnesota?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Subsection 17.4 of the Agreement, under the heading "Applicable Law," shall be supplemented by the following new subsection 17.4.1, which shall be considered an integral part of the Agreement:
- 17.4.1 Minn. Stat. §80C.21 and Minn. Rule 2860.4400J prohibit us from requiring litigation to be conducted outside Minnesota, or from requiring Developer to consent to liquidated damages, termination penalties or judgement notes. In addition, nothing in the Disclosure Document or agreement can abrogate or reduce (1) any of your rights as provided for in Minnesota Statutes, Chapter 80C, or (2) your rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Minnesota law prohibits Ben & Jerry's from requiring franchisees to conduct litigation outside of Minnesota. Specifically, Minn. Stat. § 80C.21 and Minn. Rule 2860.4400J explicitly prevent Ben & Jerry's from mandating that litigation occur outside the state. This protection is integrated into the franchise agreement through an amendment that supplements the 'Applicable Law' section.
This provision ensures that Minnesota Ben & Jerrys franchisees are not forced to bear the additional costs and burdens associated with litigating disputes in a foreign jurisdiction. It also maintains their right to access local legal procedures, forums, and remedies as provided by Minnesota law. The amendment clarifies that nothing in the franchise agreement can reduce or abrogate any rights granted to the franchisee under Minnesota Statutes, Chapter 80C.
Furthermore, the Ben & Jerrys FDD includes similar protections related to other contractual terms. For instance, Minnesota law also prohibits Ben & Jerrys from requiring franchisees to consent to liquidated damages, termination penalties, or judgment notes. These stipulations collectively aim to protect the legal rights and financial interests of Ben & Jerrys franchisees operating in Minnesota, ensuring they are not subjected to unduly burdensome or unfair contractual obligations.