In Minnesota, can Bigfoot Forestry require a franchisee to waive a jury trial?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Minnesota Statute Section 80C.21 and Minnesota Rule 2860.4400(J) prohibit us from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring you to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce any of your rights as provided for in Minnesota Statues, chapter 80C, or your rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. In addition, we will comply with the provisions of Minnesota Rule 2860.4400(J), which state that you cannot waive any rights, you cannot consent to our obtaining injunctive relief, we may seek injunctive relief, and a court will determine if a bond if required.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, if a franchisee's business is located in Minnesota, Bigfoot Forestry is prohibited from requiring the franchisee to waive their right to a jury trial. This protection is explicitly stated in the FDD, ensuring that franchisees in Minnesota retain their legal rights to a jury trial.
This provision is in place to protect the franchisee. It prevents Bigfoot Forestry from forcing franchisees to give up their right to have a dispute decided by a jury, which is a fundamental aspect of the legal system. This ensures that franchisees have access to a fair legal process should a dispute arise with the franchisor.
Furthermore, the FDD states that nothing in the disclosure document or agreements 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 commitment to upholding the franchisee's legal protections under Minnesota law.