Does the Addendum act as a release or waiver by the franchisee of any provision of the Minnesota Franchise Act that is omitted, misstated, or whose legal effect is misconstrued in the Buona franchise agreement?

According to Buona's 2025 Franchise Disclosure Document, the Addendum to the franchise agreement for the state of Minnesota does not act as a release or waiver by the franchisee of any provision of the Minnesota Franchise Act. This protection applies to provisions that might be omitted, misstated, or whose legal effect is misconstrued within the franchise agreement itself. This ensures that franchisees retain their rights and protections under Minnesota law, regardless of the specific wording in the franchise agreement.

This provision is crucial for prospective Buona franchisees in Minnesota because it prevents the franchisor from inadvertently or intentionally limiting the franchisee's rights under state law through the franchise agreement's terms. Franchise laws are designed to protect franchisees, who are often in a weaker bargaining position than the franchisor. By explicitly stating that the Addendum does not waive these rights, Buona assures potential franchisees that they are entitled to the full scope of legal protections offered by Minnesota.

For a Buona franchisee, this means that if there's a conflict between the franchise agreement and Minnesota franchise law, the state law will prevail. This covers various aspects of the franchise relationship, including termination, renewal, transfer, and dispute resolution. Franchisees should still carefully review the entire agreement and any addenda with legal counsel to fully understand their rights and obligations, but this clause provides an additional layer of security.

In essence, this clause reinforces the principle that franchisees cannot unknowingly or unintentionally surrender their legal rights through contractual language. This is a standard practice in franchise agreements to ensure compliance with state franchise laws and to provide franchisees with confidence in their investment. It is a protective measure for the franchisee, ensuring the franchise agreement does not inadvertently strip away rights granted by Minnesota law.