What rights of a Bojangles franchisee does Minnesota Statute § 80C.21 and Minnesota Rule 2860.4400J protect?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
5. Sections XXV.A. and XXV.B. of the Individual Franchise Agreement are amended by adding the following sentence to the end of the Section:
Minnesota Statute § 80C.21 and Minnesota Rule 2860.4400J prohibit Franchisor from requiring litigation to be conducted outside Minnesota.
In addition, nothing in the disclosure document or agreements can abrogate or reduce any of Franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or Franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Any claims arising under the Minnesota Franchise Act must be brought within 3 years after the grant of the franchise
as required by Minnesota Statute, Section 80C.17, Subd. 5. Franchisee cannot consent to Franchisor obtaining injunctive relief. Franchisor may seek injunctive relief. See Minnesota Rule 2860.4400J.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Minnesota Statute § 80C.21 and Minnesota Rule 2860.4400J protect a franchisee from being required to conduct litigation outside of Minnesota. This protection is integrated into the franchise agreement through an addendum required for Minnesota franchisees. This addendum modifies sections of the Individual Franchise Agreement, the Renewal Franchise Agreement, and the Express Franchise Agreement to include this provision.
This means that Bojangles cannot force a franchisee in Minnesota to resolve legal disputes in another state. This ensures that franchisees can pursue legal action in a location that is more convenient and cost-effective for them. It also provides a level of protection against franchisors who might try to use location clauses to discourage franchisees from pursuing legitimate claims.
Furthermore, the FDD states that nothing in the disclosure document or agreements can reduce any 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. The FDD also specifies that any claims arising under the Minnesota Franchise Act must be brought within 3 years after the grant of the franchise, as required by Minnesota Statute, Section 80C.17, Subd. 5, and that a franchisee cannot consent to Bojangles obtaining injunctive relief, although Bojangles may seek injunctive relief.