Can I waive my right to a jury trial in Minnesota when operating a Beverly Anns Cookie franchise?
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 Beverly Anns Cookie's 2025 Franchise Disclosure Document, if you purchase a franchise in Minnesota, you cannot waive your right to a jury trial. The FDD states that any provision in the franchise agreement that requires 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, the obligation in the Franchise Agreement relating to arbitration is not affected.
This means that as a Beverly Anns Cookie franchisee in Minnesota, you retain all rights to a jury trial, despite any conflicting clauses in the standard franchise agreement. This protection is specifically mandated by Minnesota state law to safeguard franchisees.
It is important to note that this protection applies specifically to franchises governed by Minnesota law. If a Beverly Anns Cookie franchisee is not operating in Minnesota, this provision would not apply.