In Minnesota, can Care Plus Medical Ucc require a Care Plus Medical Ucc franchisee to waive a jury trial?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
• Minnesota Statutes, Section 80C.21 and Minnesota Rules 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, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce (1) any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C or (2) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) explicitly prohibit Care Plus Medical Ucc from requiring a franchisee to waive a jury trial in the state of Minnesota. This protection is in place to ensure that franchisees retain their legal rights and access to fair legal proceedings within the state. This addendum clarifies that any clause within the standard franchise agreement that might suggest otherwise is superseded by Minnesota law.
This provision is significant for prospective Care Plus Medical Ucc franchisees in Minnesota because it ensures they cannot be compelled to give up their right to a jury trial as a condition of the franchise agreement. This protection extends to other key legal rights, as the disclosure document states that nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce (1) any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C or (2) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Furthermore, Minnesota law mandates specific procedures for franchise termination and non-renewal, requiring Care Plus Medical Ucc to provide franchisees with a 90-day notice of termination (with 60 days to cure) and a 180-day notice for non-renewal, except in certain specified cases. The law also states that consent to the transfer of the franchise will not be unreasonably withheld. These regulations collectively aim to protect franchisees' interests and ensure a fair balance of power within the franchise relationship under Minnesota law.