What is the statute of limitations for claims between parties under the Minnesota Franchise Act, as it relates to the Casiola Franchise Agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Article 18.I. of the Franchise Agreement, under the heading "Limitations of Claims," shall be supplemented by the addition of the following statement:
Under the Minnesota Franchise Act, any claims between the parties must be commenced within three years of the occurrence of the facts giving rise to such claim, or such claim shall be barred.
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Article 18 of the Franchise Agreement, under the heading "Enforcement and Construction," shall be supplemented by the addition of the following new subarticle 18.Z. to the Franchise Agreement:
Any foregoing acknowledgments are not intended to nor shall they act as a release, estoppel or waiver or any liability under the Minnesota Franchise Act.
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Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, claims between parties under the Minnesota Franchise Act must be commenced within three years of the occurrence of the facts giving rise to the claim. If a claim is not brought within this three-year period, it will be barred. This information supplements Article 18.I of the Franchise Agreement, under the heading "Limitations of Claims."
This provision is important for prospective Casiola franchisees in Minnesota because it sets a clear deadline for bringing any legal claims against Casiola under the Minnesota Franchise Act. Franchisees need to be aware of this three-year statute of limitations and diligently pursue any potential claims within this timeframe to avoid losing their right to do so.
Casiola's Franchise Agreement also includes provisions that acknowledge that certain acknowledgments made by the franchisee are not intended to act as a release, estoppel, or waiver of any liability under the Minnesota Franchise Act. This ensures that franchisees do not inadvertently waive their rights under the Act through standard acknowledgments or statements made during the franchise relationship. Additionally, the Franchise Agreement specifies that it should not be considered a waiver of any right conferred upon the franchisee by the Minnesota Franchise Act, further protecting the franchisee's rights under Minnesota law.