What rights of the franchisee under Minnesota Statutes Chapter 80C will not be abrogated or reduced by the Bft Franchise Agreement?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
tion 12.E (Other Proceeding (Right to Injunctive Relief)) of the Multi-Unit Agreement:
Notwithstanding the foregoing, a court will determine if a bond is required to obtain injunctive relief.
- Consent to Jurisdiction. The following sentence is added to the end of Section 12.F (Consent to Jurisdiction) of the Multi-Unit Agreement:
Notwithstanding the foregoing, Minn. Stat. Section 80C.21 and Minn. Rule 2860.4400J prohibit Franchisor, except in certain specified cases, from requiring litigation to be conducted outside of Minnesota. Nothing in this Agreement shall abrogate or reduce any of Developer's rights under
Minnesota Statutes chapter 80C or Developer's right to any procedure, forum or remedies that the laws of the jurisdiction provide.
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- Waiver of Punitive Damages; Jury Trial. If and then only to the extent required by the Minnesota Franchises Law, Sections 12.G (Waiver of Punitive Damages) and 12.H (Waiver of Jury Trial) of the Multi-Unit Agreement are hereby deleted.
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- Limitation of Actions.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to the 2025 Bft Franchise Disclosure Document, several provisions ensure that the Bft Franchise Agreement does not diminish the rights of franchisees under Minnesota Statutes Chapter 80C. Specifically, the agreement includes stipulations that protect the franchisee's rights to procedures, forums, and remedies provided by Minnesota law. This means that regardless of what the franchise agreement might state, franchisees operating in Minnesota retain all the protections and legal avenues available to them under state law.
Bft is prohibited, except in certain cases, from requiring litigation to occur outside of Minnesota, as stated in Minn. Stat. Section 80C.21 and Minn. Rule 2860.4400J. The franchise agreement also ensures compliance with Minn. Stat. Sec. 80C.14, Subds. 3, 4, and 5, which mandate that Bft provide franchisees with specific notice periods for termination (90 days with 60 days to cure) and non-renewal (180 days), except under certain specified conditions.
Furthermore, any release required as a condition of renewal or transfer/assignment will not apply to the extent prohibited by governing law with respect to claims arising under Minn. Rule 2860.4400D. This ensures that franchisees are not forced to waive their rights under specific Minnesota franchise regulations, maintaining their ability to pursue claims related to those rights. These measures collectively reinforce that Bft franchisees in Minnesota maintain all rights and remedies granted to them under Minnesota law, regardless of conflicting terms in the franchise agreement.