Can Best Brains require a franchisee to waive their right to a jury trial in Minnesota?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
Minn. Stat. §80C.21 and Minn. Rule 2860.4400(J) prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreements can abrogate or reduce (1) any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or (2) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, Minnesota law offers specific protections to franchisees. If a Best Brains franchisee is operating in Minnesota, the franchise agreement cannot force them to waive their right to a jury trial. This protection is explicitly stated in the Minnesota Addendum to the Franchise Agreement.
This means that any clause in the standard Best Brains franchise agreement that might suggest a franchisee waives their right to a jury trial is superseded by Minnesota state law for franchises operating within Minnesota. This ensures that franchisees in Minnesota retain their legal rights to a jury trial, regardless of what the standard franchise agreement might say.
It is important for prospective Best Brains franchisees in Minnesota to understand this addendum, as it directly impacts their legal rights and recourse in case of disputes with the franchisor. This addendum reflects Minnesota's commitment to protecting franchisees and ensuring fair practices within the franchising system.