If the Studios that the Developer will develop under the Multi-Unit Agreement will be developed in the State of Minnesota, what agreement is impacted for Bft?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
TO FOLLOW]*
IN WITNESS WHEREOF, the parties have executed and delivered this Rider to be effective as of the effective date of the Multi-Unit Agreement.
BFT FRANCHISE SPV, LLC, a Delaware limited liability company [NAME OF DEVELOPER] Capacity:
RIDER TO THE BFT FRANCHISE SPV, LLC MULTI-UNIT AGREEMENT FOR USE IN MINNESOTA
| THIS RIDER (this "Rider") is made and entered into by and between | BFT FRANCHISE SPV, |
|---|---|
| LLC, a Delaware limited liability company with its principal business address at 17877 Von Karman Ave., | |
| Suite 100 Irvine, CA 92614 ("Franchisor"), and, | |
| whose principal business address is | ("Developer"). |
| 1. | dated |
| Background. Franchisor and Developer are parties to that certain Multi-Unit Agreement | |
| , 20 (the "Multi-Unit Agreement") that has been signed concurrently | |
| with the signing of this Rider. This Rider supersedes any inconsistent or conflicting provisions of the Multi | |
| Unit Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Multi-Unit | |
| Agreement. | |
| This Rider is annexed to and forms part of the Multi-Unit Agreement. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, a Rider impacts the Multi-Unit Agreement if the Studios that the Developer will develop under the Multi-Unit Agreement will be developed in the State of Minnesota. This Rider supersedes any inconsistent or conflicting provisions of the Multi-Unit Agreement, and its terms are incorporated into the Multi-Unit Agreement.
Several sections of the Multi-Unit Agreement are specifically modified by the Rider to comply with Minnesota law. These include termination procedures, release requirements, governing law, procedures for injunctive relief, and consent to jurisdiction. These modifications ensure that the Developer retains all rights under Minnesota Statutes Chapter 80C and has access to all procedures, forums, and remedies provided by Minnesota law.
Additionally, certain clauses within the Multi-Unit Agreement, such as those related to waiving punitive damages and jury trials, are deleted to the extent required by Minnesota franchise law. The Rider also adds a provision regarding the statute of limitations for actions under Minnesota law, specifying that no action may be commenced more than 3 years after the cause of action accrues, as per Minn. Stat. Sec. 80C.17. These stipulations collectively tailor the Multi-Unit Agreement to align with the legal requirements and protections afforded to franchisees in Minnesota.