Does Minnesota law allow a Bumper Man franchisee to waive their right to a jury trial?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Minnesota Statutes, Section 80C.21 and Minnesota Rule 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, injunctive relief, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) 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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, Minnesota law does not allow Bumper Man to require a franchisee to waive their right to a jury trial. Minnesota Statutes, Section 80C.21 and Minnesota Rule 2860.4400(J) explicitly prohibit Bumper Man from including any provision in the franchise agreement that requires the franchisee to waive their right to a jury trial. This protection ensures that franchisees in Minnesota retain their legal rights to a jury trial, should a dispute arise.
This provision is favorable for prospective Bumper Man franchisees in Minnesota, as it prevents the franchisor from forcing them to give up an important legal recourse. It ensures that franchisees have the option to present their case before a jury, which can be seen as a more impartial method of dispute resolution compared to other alternatives like mandatory arbitration. This protection aligns with Minnesota's franchise laws, which aim to safeguard franchisees' rights and provide a fair legal framework.
Furthermore, the FDD states that nothing in the document or agreements can reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or the franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. This reinforces the protection against waiving the right to a jury trial and ensures that franchisees maintain all legal avenues available to them under Minnesota law. This comprehensive protection is a significant benefit for those considering a Bumper Man franchise in Minnesota.