Can anything in the Boulder Designs Franchise Agreement reduce a franchisee's rights as provided for in Minnesota Statutes, Chapter 80C?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The following sentence is added to the end of Section 23.2:
- Minnesota Statute §80C.21 and Minnesota Rule 2860.4400J prohibit Franchisor from requiring litigation to be conducted outside Minnesota. In addition, nothing in this Agreement can abrogate or reduce 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.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, the franchise agreement explicitly states that nothing within the agreement can diminish a franchisee's rights as protected by Minnesota Statutes, Chapter 80C. Furthermore, the agreement affirms the franchisee's entitlement to all procedures, forums, and remedies as provided by the laws of the jurisdiction. This provision aims to ensure that franchisees operating in Minnesota retain the full legal protections afforded to them under state law, regardless of any other terms in the franchise agreement.
This clause is particularly important for prospective Boulder Designs franchisees in Minnesota because it prevents the franchisor from using the franchise agreement to circumvent state franchise laws. Common examples of such protections include regulations around franchise termination, renewal, and transfer, as well as disclosure requirements and restrictions on certain contract terms. By explicitly preserving these rights, Boulder Designs aims to foster a more equitable relationship between the franchisor and franchisee.
For a potential franchisee, this assurance offers a degree of security and recourse in the event of disputes or disagreements with Boulder Designs. It means that the franchisee can rely on Minnesota law to protect their interests and ensure fair treatment throughout the duration of the franchise agreement. This provision is a significant benefit, as it mitigates the risk of unfavorable contract terms overriding statutory protections.