What is the purpose of the Minnesota Addendum to the Caring Transitions Franchise Agreement?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
, or (ii) disclaiming reliance on any statement made by us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
MINNESOTA ADDENDUM TO FRANCHISE AGREEMENT
This addendum is attached to and incorporated in the C.T. Franchising Systems, Inc. ("CTFS") Franchise Disclosure Document and Franchise Agreement as required by the Minnesota Franchise Act and the administrative rules and regulations relating thereto. The terms of this addendum shall control in the event of conflicting terms in the Franchise Disclosure Document or Franchise Agreement.
1. GOVERNING LAW, CHOICE OF FORUM, JURISDICTION AND VENUE
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.
2. NOTICE OF TERMINATION AND NON-RENEWAL
With respect to franchises governed by Minnesota law, CTFS will comply with Minn. Stat. Sec. 80C14, Subds. 3, 4, and 5 which require, except in certain specified cases, that a franchisee be given 90 days notice of termination (with 60 days to cure) and 180 days notice for non-renewal of the franchise agreement.
3. RIGHT TO USE TRADEMARKS, SERVICE MARKS TRADE NAMES, LOGOTYPES OR OTHER COMMERCIAL SYMBOLS
CTFS will protect the franchisee's right to use the trademarks, service marks, trade names, logotypes or other commercial symbols and/or indemnify the franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name.
4. WAIVING OF RIGHTS, POSTING BOND
Minnesota law 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.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, the Minnesota Addendum is required by the Minnesota Franchise Act and related administrative rules. The addendum is attached to and incorporated into the Franchise Disclosure Document and Franchise Agreement.
The terms outlined in the Minnesota Addendum take precedence if there are conflicting terms within the standard Franchise Disclosure Document or the Franchise Agreement. This ensures that the franchise agreement adheres to Minnesota state laws.
The addendum specifically addresses aspects such as governing law, choice of forum, jurisdiction, and venue, ensuring that Caring Transitions cannot force litigation to occur outside of Minnesota. It also reinforces that the franchisee's rights under Minnesota Statutes, Chapter 80C, cannot be reduced or abrogated by anything in the disclosure document or agreement. Furthermore, the addendum includes clauses related to notice of termination and non-renewal, general releases, and statutes of limitations, clarifying franchisees' rights and protections under Minnesota law.