Under Minnesota law, can a Caring Transitions franchisee waive their right to a jury trial?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
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. You cannot consent to obtaining injunctive relief, however, we may seek injunctive relief. A court will determine if a bond is required. Any language to the contrary in the disclosure document or franchise agreement is null and void.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, Minnesota law specifically prohibits a franchisee from waiving their right to a jury trial. This protection extends to waiving rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. Additionally, a franchisee cannot consent to liquidated damages, termination penalties, or judgment notes.
This provision ensures that Caring Transitions franchisees in Minnesota retain their full legal rights and recourse. While franchisees cannot prevent Caring Transitions from seeking injunctive relief, the determination of whether a bond is required rests with the court. Any language within the franchise agreement that contradicts these stipulations is considered null and void under Minnesota law.
This protection is more robust than in some states, where waivers may be enforceable under specific conditions. Prospective Caring Transitions franchisees in Minnesota should be aware of these protections, which are designed to safeguard their interests and provide a fair legal process.