Can the Beverly Anns Cookie Franchise Agreement require me to consent to judgment notes in Minnesota?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
MINNESOTA
Despite anything to the contrary in the Franchise Agreement, the following provisions will supersede and apply to all Franchises offered and sold in the State of Minnesota:
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- Minn. Rule Part 2860.4400J. prohibits a franchisee from waiving his rights to a jury trial or waiving his rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction, or consenting to liquidated damages, termination penalties or judgment notes. Any provision in the Franchise Agreement which would require you to waive your rights to any procedure, forum or remedies provided for by the laws of the State of Minnesota is deleted from any agreement relating to Franchises offered and sold in the State of Minnesota; provided, however, that this paragraph will not affect the obligation in the Franchise Agreement relating to arbitration.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, if you are opening a franchise in Minnesota, the Franchise Agreement cannot require you to consent to judgment notes. The FDD states that Minnesota Rule Part 2860.4400J prohibits a franchisee from consenting to judgment notes. Any provision in the Franchise Agreement that would require you to waive your rights to any procedure, forum, or remedies provided by the laws of the State of Minnesota is deleted from any agreement relating to franchises offered and sold in the State of Minnesota. However, this does not affect the obligation in the Franchise Agreement relating to arbitration.
This means that Beverly Anns Cookie franchisees in Minnesota are protected by state law from being forced to agree to judgment notes, which could be detrimental to their legal rights and financial standing. This protection ensures that franchisees retain their rights to due process and legal remedies under Minnesota law.
It is important for prospective Beverly Anns Cookie franchisees in Minnesota to understand these state-specific protections and how they modify the standard Franchise Agreement. Franchisees should consult with a legal professional to fully understand their rights and obligations under the Franchise Agreement and Minnesota law.