factual

In Minnesota, can a Bombs Away franchisee be required to waive a jury trial?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

MINNESOTA ADDENDUM TO DISCLOSURE DOCUMENT

In the State of Minnesota only, this Disclosure Document is amended as follows:

  • Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee 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 (1) any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C or (2) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.

Source: Item 23 — RECEIPTS (FDD pages 36–117)

What This Means (2024 FDD)

According to Bombs Away's 2024 Franchise Disclosure Document, if you are opening a franchise in Minnesota, Bombs Away cannot require you to waive your right to a jury trial. The Minnesota Addendum to the disclosure document explicitly states that Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit Bombs Away from requiring a franchisee to waive a jury trial. This protection ensures that franchisees in Minnesota retain their legal rights to a jury trial if a dispute arises.

This provision is significant for prospective Bombs Away franchisees in Minnesota because it protects their rights to a fair legal process. Without this protection, franchisees could be forced to resolve disputes through alternative methods, such as arbitration, which may not offer the same level of impartiality or legal recourse as a jury trial. The Minnesota Franchise Act ensures that franchisees maintain their full legal rights and remedies under the law.

Furthermore, the Minnesota Addendum also clarifies that no part of the Franchise Disclosure Document or any agreements can reduce or eliminate any of the franchisee's rights as provided in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. This reinforces the state's commitment to protecting franchisees' legal rights and ensuring they have access to all available legal avenues for resolving disputes.

Disclaimer: This information is extracted from the 2024 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.