Can Beyond Juicery Eatery require litigation to be conducted outside of Minnesota?
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 the 2025 FDD, Beyond Juicery Eatery's Area Development Agreement cannot force a franchisee to waive their rights to a jury trial, nor can they force a franchisee to waive their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. Additionally, the agreement cannot force a franchisee in Minnesota to consent to liquidated damages, termination penalties, or judgment notes.
This means that if the Area Development Agreement requires a franchisee 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 acknowledgment signed by a franchisee in connection with the commencement of the franchise relationship shall waive any claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on behalf of Beyond Juicery Eatery. This provision supersedes any other term of any document executed in connection with the franchise.
This addendum is effective only to the extent that the jurisdictional requirements of the Minnesota Franchise Law applicable to the provisions are met independently of this Addendum. If this Addendum is inconsistent with any terms or conditions of said Area Development Agreement or exhibits or attachments thereto, the terms of this Addendum shall govern. Therefore, Beyond Juicery Eatery must comply with Minnesota law regarding litigation and franchisee rights within the state.