Can Beyond Juicery Eatery require litigation to be conducted outside of Minnesota for Minnesota franchisees?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- Minn Stat §80C.21 and Minn Rule 2860.4400J prohibit Franchisor from requiring litigation to be conducted outside Minnesota.
In addition, nothing in the Disclosure Document or Franchise Agreement can abrogate or reduce any of your rights as provided for in Minnesota Statutes, Chapter 80C, or your rights to any procedure, forum or remedies provided for by the laws of the jurisdiction.
However, Franchisor may seek such relief through the court system with or without a bond as determined by a court.
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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, Minnesota Statute §80C.21 and Minnesota Rule 2860.4400J explicitly prohibit Beyond Juicery Eatery from requiring litigation to be conducted outside of Minnesota for franchisees operating within the state. This protection ensures that Minnesota franchisees are not forced to bear the additional burden and expense of pursuing legal action in a distant jurisdiction. This provision is designed to protect the franchisee's rights and access to remedies under Minnesota law.
Furthermore, the FDD states that nothing in the disclosure document or franchise agreement can reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. This reinforces the franchisee's right to a local legal venue. However, Beyond Juicery Eatery retains the right to seek relief through the court system, with or without a bond, as determined by a court.
Additionally, Minnesota Rule Part 2860.4400J prohibits franchisees from waiving their rights to a jury trial or waiving their rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. This rule also prevents franchisees from consenting to liquidated damages, termination penalties, or judgment notes. To the extent that the Franchise Agreement requires franchisees to waive these rights, the Franchise Agreement will be amended to comply with the Minnesota Rule. This ensures that Minnesota franchisees retain all legal rights and protections afforded to them under state law.