In Minnesota, can a Better Blend franchisee be required to waive their right to a jury trial?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Minnesota Statutes, Section 80C.21 and Minnesota Rules 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 agreement(s) 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 43–157)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, if you are opening a Better Blend franchise in Minnesota, the franchisor cannot require you to waive your right to a jury trial.
The Minnesota Addendum to the Disclosure Document explicitly states that Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit Better Blend from requiring franchisees to waive their right to a jury trial. This protection ensures that Minnesota franchisees retain their constitutional right to have disputes decided by a jury if they so choose.
This provision is specific to Minnesota and does not necessarily apply in other states. Prospective Better Blend franchisees should be aware of the specific legal protections afforded to them in their state of operation, as these can vary significantly. This addendum also states that nothing in the Franchise Disclosure Document or agreements can reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or the franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.