Can a Beyond Juicery Eatery franchisee in Minnesota waive their right to a jury trial?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Minn Rule Part 2860.4400J prohibits you from waving its rights to a jury trial or waiving its 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.
To the extent that the Franchise Agreement requires us to waive these rights, the Franchise Agreement will be considered amended to the extent necessary to comply with the Minnesota Rule.
- No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on
behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, Minnesota Rule Part 2860.4400J explicitly prohibits a franchisee from waiving their right to a jury trial. This rule also prevents franchisees from waiving their rights to any procedure, forum, or remedies provided by Minnesota law. Additionally, franchisees cannot consent to liquidated damages, termination penalties, or judgment notes. This protection is in place to ensure that franchisees retain all legal rights and remedies available to them under Minnesota law.
This means that any clause within the Beyond Juicery Eatery franchise agreement that requires a franchisee to waive these rights is considered amended to comply with the Minnesota Rule. This ensures that the franchisee's rights are fully protected under Minnesota law, regardless of what the standard franchise agreement might state. The FDD emphasizes that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including claims of fraud, or disclaim reliance on the franchisor. This provision takes precedence over any conflicting terms in any document related to the franchise agreement.
Furthermore, the FDD includes an addendum specific to Minnesota, reinforcing the state's franchise law. This addendum ensures that the franchisee retains all rights provided under Minnesota Statutes, Chapter 80C, and any procedures, forums, or remedies available under the jurisdiction's laws. However, Beyond Juicery Eatery retains the right to seek relief through the court system, with or without a bond, as determined by the court. This comprehensive approach ensures that Minnesota franchisees are afforded the full protection of their legal rights and remedies, preventing any potential overreach by the franchisor.