Does the Casiola franchise agreement reduce any of your rights to any forum provided for by the laws of the jurisdiction?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
ng: With respect to franchises governed by Minnesota law, we will comply with Minn. Stat. Sec. 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 of non-renewal of the Agreement.
Casiola. Multi-State FDD April 25, 2024
- D. Item 17 "Renewal, Termination, Transfer and Dispute Resolution," Item 17 is supplemented by the addition of the following: Item 17 shall not provide for a prospective general release of claims against us that may be subject to the Minnesota Franchise Law. Minn. Rule 2860.4400D prohibits a franchisor from requiring a franchisee to assent to a general release.
- E. Minn. Stat. §80C.21 and Minn. Rule 2860.4400J prohibit us from requiring litigation to be conducted outside Minnesota. In addition, nothing in the Disclosure Document or Franchise 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 the jurisdiction.
- F. No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiting any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
New York FDD Amendment
Amendments to the Casiola Franchise Disclosure Document
- The following information is added to the cover page of the Franchise Disclosure Document:
**INFORMATION COMPARING FRANCHISORS IS AVAILABLE. CALL THE STATE ADMINISTRATORS LISTED IN EXHIBIT A OR YOUR PUBLIC LIBRARY FOR SERVICES OR INFORMATION. REGISTRATION OF THIS FRANCHISE BY NEW YORK STATE DOES NOT MEAN THAT NEW YORK STATE RECOMMENDS IT OR HAS VERIFIED THE INFORMATION IN THIS FRANCHISE DISCLOSURE DOCUMENT. IF YOU LEARN ANYTHING IN THIS FRANCHISE DISCLOSURE DOCUMENT IS UNTRUE, CONTACT THE FEDERAL TRADE COMMISSION AND THE APPROPRIATE STATE OR PROVINCIAL AUTHORITY.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola FDD, the franchise agreement's impact on a franchisee's rights to legal forums varies by state. For instance, in Minnesota, the FDD states that nothing in the disclosure document or franchise agreement can reduce a franchisee's rights to any procedure, forum, or remedies provided by the laws of the jurisdiction.
In Maryland, the franchise agreement is amended to allow a franchisee to bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, and any release required for renewal, sale, or transfer does not apply to liabilities under this law. Furthermore, claims under this law must be brought within three years of the franchise grant.
For Illinois, the FDD specifies that any provision designating jurisdiction or venue outside of Illinois is void, although arbitration outside the state is permitted. Similarly, in New York, the franchise agreement is amended to ensure that no provision should be considered a waiver of any right conferred upon the franchisee by the New York General Business Law. Finally, in Washington, the Washington Franchise Investment Protection Act will prevail in the event of a conflict of laws.