In Minnesota, can a C12 Group franchisee waive their right to a jury trial?
C12_Group Franchise · 2025 FDDAnswer from 2025 FDD Document
Minn. Rule Part 2860.4400J. prohibits a franchisee from waiving his rights to a jury trial or waiving his rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction, or consenting to liquidated damages, termination penalties or judgment notes. With respect to Franchises governed by Minnesota law, any provisions to the contrary in the disclosure document and/or the franchise agreement are hereby deemed to be deleted.
Source: Item 23 — RECEIPTS (FDD pages 46–137)
What This Means (2025 FDD)
According to the 2025 C12 Group Franchise Disclosure Document, Minnesota law prohibits a franchisee from waiving their right to a jury trial. This protection is explicitly stated in Minn. Rule Part 2860.4400J, which ensures that franchisees retain their rights to a jury trial, as well as any procedures, forums, or remedies provided by the laws of the jurisdiction. This rule also prevents franchisees from consenting to liquidated damages, termination penalties, or judgment notes.
For a prospective C12 Group franchisee in Minnesota, this means that any provision in the franchise agreement or disclosure document that contradicts these protections is considered void and unenforceable. This safeguard ensures that franchisees are not pressured into relinquishing their legal rights during the franchising process.
This type of provision is included in the FDD to comply with Minnesota state law, which aims to protect franchisees from potentially overreaching terms imposed by franchisors. Prospective franchisees should carefully review the FDD and franchise agreement to ensure full awareness of their rights and protections under Minnesota law.