What does Minnesota Rule 2860.4400D prohibit Beyond Juicery Eatery from requiring of a franchisee?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Minn Rule Part 2860.4400J prohibits you from waiving your rights to a jury trial or waiving your 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 Area Development Agreement requires you to waive these rights, the Area Development 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.
- Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the Minnesota Franchise Law applicable to the provisions are met independently of this Addendum. To the extent this Addendum shall be deemed to be inconsistent with any terms or conditions of said Area Development Agreement or exhibits or attachments thereto, the terms of this Addendum shall govern.
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, not 2860.4400D, prohibits Beyond Juicery Eatery from requiring a franchisee to waive their rights to a jury trial. It also prevents Beyond Juicery Eatery from requiring franchisees to waive their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. Additionally, franchisees cannot be forced to consent to liquidated damages, termination penalties, or judgment notes.
This rule protects Beyond Juicery Eatery franchisees in Minnesota by ensuring they retain their legal rights and are not subject to unfair or coercive contractual terms. The FDD states that any part of the Area Development Agreement that conflicts with this rule will be amended to comply with Minnesota law.
Furthermore, no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on behalf of the Franchisor. This provision supersedes any other term in any document related to the franchise agreement, offering additional protection to the franchisee.
This addendum is effective only to the extent that it meets the jurisdictional requirements of Minnesota Franchise Law. If any terms of the addendum are inconsistent with the Area Development Agreement, the terms of the addendum will take precedence, ensuring compliance with Minnesota law.