Is a written instrument required to waive any terms or covenants of the Canine Dimensions agreement?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
RANCHISEE: | | Witness | |
ADDENDUM TO CANINE DIMENSIONS FRANCHISING, LLC DISCLOSURE DOCUMENT FOR THE STATE OF MINNESOTA
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:
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- 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.
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- 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.
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- 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.
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- 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.
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Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions's 2025 Franchise Disclosure Document, the franchise agreement includes provisions addressing waivers, particularly concerning state-specific laws. For franchisees in Minnesota, any provision in the franchise agreement that requires them 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 is void if it violates such law. Similarly, franchisees in Iowa cannot be required to prospectively assent to a release, assignment, novation, waiver, or estoppel that relieves any person from liability imposed by the Iowa Business Opportunity Promotions Law (Iowa Code Ch. 551A), as such provisions are void to the extent they violate that law.
For franchisees in Illinois and Virginia, no statement, questionnaire, or acknowledgment signed by a franchisee in connection with starting the franchise can waive claims under state franchise laws, including fraud in the inducement, or disclaim reliance on statements made by Canine Dimensions or its representatives. These protections are explicitly designed to supersede any other conflicting terms in documents related to the franchise agreement.
These stipulations ensure that franchisees retain their rights and protections under applicable state laws, preventing Canine Dimensions from enforcing waivers that might otherwise limit their legal recourse. This is a crucial consideration for prospective franchisees, as it highlights the importance of understanding state-specific addenda and how they modify the standard franchise agreement to comply with local regulations. Franchisees should consult with legal counsel to fully understand their rights and obligations within their specific state.