factual

Can the Caring Transitions disclosure document or franchise agreement reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C?

Caring_Transitions Franchise · 2025 FDD

Answer from 2025 FDD Document

Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit CTFS from requiring litigation to be conducted outside Minnesota. In addition, nothing in the disclosure document or agreement can abrogate or reduce any of franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.

Source: Item 22 — CONTRACTS (FDD page 49)

What This Means (2025 FDD)

According to Caring Transitions' 2025 Franchise Disclosure Document, the franchise agreement cannot reduce a franchisee's rights as provided for in Minnesota Statutes, Chapter 80C. Specifically, Minnesota law prohibits Caring Transitions from requiring litigation to be conducted outside Minnesota. Furthermore, the disclosure document or franchise agreement cannot diminish any of the franchisee's rights as outlined in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction.

Minnesota law also protects a franchisee's right to use trademarks, service marks, trade names, logotypes, or other commercial symbols. Caring Transitions will indemnify the franchisee from any losses, costs, or expenses arising from claims related to the use of the Caring Transitions name.

Additionally, Minnesota law prohibits a franchisee from waiving their right to a jury trial, waiving rights to any procedure, forum, or remedies provided by law, or consenting to liquidated damages, termination penalties, or judgment notes. While franchisees cannot consent to Caring Transitions obtaining injunctive relief, Caring Transitions retains the right to seek injunctive relief. A court will determine if a bond is required. Any conflicting language in the disclosure document or franchise agreement is considered null and void.

Moreover, Minnesota law prohibits Caring Transitions from requiring a franchisee to agree to a general release. Any provision in the Franchise Agreement that contradicts this is void. The Minnesota Addendum to the Franchise Agreement states that its terms will take precedence if there are conflicting terms in the Franchise Disclosure Document or Franchise Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.