factual

What Minnesota Statutes impose liability that Bojangles is prohibited from releasing franchisees from under Minnesota Rule 2860.4400D?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

Minnesota Rule 2860.4400D prohibits us from requiring you to assent to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute §§ 80C.01 - 80C.22.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, Minnesota Rule 2860.4400D prohibits Bojangles from requiring franchisees to sign any release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute §§ 80C.01 - 80C.22. This protection is explicitly included in addenda to both the Bojangles Express Franchise Agreement and the Bojangles Individual Franchise Agreement for franchisees in Minnesota. This ensures that franchisees retain all rights and remedies available to them under Minnesota law.

For a prospective Bojangles franchisee in Minnesota, this means that the franchise agreement cannot force them to waive their rights or release Bojangles from liabilities under Minnesota Statutes §§ 80C.01 - 80C.22. These statutes likely cover various aspects of the franchise relationship, including fair practices, disclosure requirements, and other protections for franchisees. This provision aims to prevent Bojangles from using contractual terms to circumvent Minnesota franchise law.

This type of clause is not uncommon in franchise agreements, particularly in states with strong franchise protection laws. It reflects a regulatory effort to balance the power dynamic between franchisors and franchisees, ensuring that franchisees are not unfairly disadvantaged by the terms of the agreement. Prospective franchisees should carefully review the specific rights afforded to them under Minnesota Statutes §§ 80C.01 - 80C.22 to fully understand the scope of this protection.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.