Does Minnesota law allow Bombs Away to require a franchisee to waive a jury trial?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
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, Minnesota law does not allow Bombs Away to require a franchisee to waive a jury trial. The FDD states that Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit Bombs Away from requiring a waiver of a jury trial.
This means that if a Bombs Away franchisee in Minnesota has a legal dispute with the company, the franchisee retains the right to have the case decided by a jury. This protection is explicitly provided under Minnesota law, and Bombs Away cannot contractually override it.
This provision is favorable for prospective Bombs Away franchisees in Minnesota, as it ensures they have access to a jury trial if a dispute arises with the franchisor. Jury trials can sometimes be more advantageous for franchisees compared to bench trials (trials decided by a judge), depending on the specifics of the case. Franchise agreements often include clauses related to dispute resolution, and this addendum clarifies the franchisee's rights within the state of Minnesota.