In Minnesota, does the addendum to the Canine Dimensions FDD supersede any conflicting provisions in the standard Franchise Agreement?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
Despite anything to the contrary in the Franchise Agreement, the following provisions will supersede and apply to all franchises offered and sold in the State of Minnesota:
Any provision in the Franchise Agreement that would require you to assent to a release, assignment, novation or waiver that would relieve any person from liability imposed by Minnesota Statutes, Sections 80C.01 to 80C.22 will be void to the extent that such contractual provision violates such law.
Minnesota Statute Section 80C.21 and Minnesota Rule 2860.4400J prohibit the franchisor from requiring litigation to be conducted outside of Minnesota.
In addition, nothing in the Franchise Disclosure Document or Agreement can abrogate or reduce any of your rights as provided for in Minnesota Statutes, Chapter 80C, or your rights to any procedure, forum, or remedies provided for by the laws of Minnesota.
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.
Any provision in the Agreement which would require you to waive your rights to any procedure, forum or remedies provided for by the laws of the State of Minnesota is deleted from any Agreement relating to franchises offered and sold in the State of Minnesota; provided, however, that this paragraph will not affect the obligation in the Agreement relating to arbitration.
With respect to franchises governed by Minnesota law, we will comply with Minnesota Statute Section 80C.14, Subds. 3, 4 and 5, which require, except in certain specified cases, that you be given 90 days notice of termination (with 60 days to cure) and 180 days notice for non-renewal of the Agreement; and that consent to the transfer of the franchise will not be unreasonably withheld.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the addendum for Minnesota franchises supersedes conflicting provisions in the standard Franchise Agreement. This means that if any part of the standard agreement clashes with what's written in the Minnesota addendum, the addendum takes precedence.
The Minnesota addendum includes several specific provisions that override the standard agreement. For example, any requirement for a franchisee to agree to a release, assignment, novation, or waiver that relieves someone from liability under Minnesota Statutes Sections 80C.01 to 80C.22 is void if it violates that law. The addendum also ensures that nothing in the Franchise Disclosure Document or Agreement can reduce a franchisee's rights under Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by Minnesota law.
Furthermore, the addendum addresses issues such as jury trial waivers, consent to liquidated damages, and termination penalties, stating that any agreement provision requiring a franchisee to waive their rights to procedures, forums, or remedies under Minnesota law is deleted. It also ensures compliance with Minnesota Statute Section 80C.14, Subds. 3, 4, and 5, regarding termination and non-renewal notices, as well as consent to franchise transfers. These stipulations provide additional protection to franchisees operating in Minnesota, ensuring that the franchise agreement adheres to Minnesota law.