What constitutes 'good cause' for Chem Dry to terminate or cancel a franchise in Minnesota?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
Minnesota statute §80C14 provides: It shall be deemed unfair and inequitable for any person to:
- (B) Terminate or cancel a franchise except for good cause. "Good cause" shall be failure by the Franchisee substantially to comply with reasonable requirements imposed upon him by the franchise including, but not limited to:
- (i) The bankruptcy or insolvency of the Franchisee;
- (ii) Assignment for the benefit of creditors or similar disposition of the assets of the franchise business;
- (iii)Voluntary abandonment of the franchise business;
- (iv)Conviction or a plea of guilty or no contest to a charge of violating any
law relating to the franchise business; or
- (v) Any act by, or conduct of, the Franchisee which materially impairs the goodwill associated with the Franchisor's Trademark, trade name, service mark, logotype or other commercial symbol.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, Minnesota statute §80C14 defines what constitutes 'good cause' for termination or cancellation of a franchise agreement. 'Good cause' is defined as the failure of the franchisee to substantially comply with the reasonable requirements imposed upon them by the franchise agreement. This definition sets a general standard that Chem Dry must adhere to when considering terminating a franchise in Minnesota.
The statute provides specific examples of what constitutes failure to comply with reasonable requirements. These include the bankruptcy or insolvency of the franchisee, assignment for the benefit of creditors or similar disposition of the assets of the franchise business, and voluntary abandonment of the franchise business. Additionally, conviction or a plea of guilty or no contest to a charge of violating any law relating to the franchise business can be considered 'good cause'.
Furthermore, any act by, or conduct of, the franchisee which materially impairs the goodwill associated with Chem Dry's Trademark, trade name, service mark, logotype, or other commercial symbol also constitutes 'good cause' for termination. This broad clause allows Chem Dry to terminate a franchise if the franchisee's actions negatively impact the brand's reputation. Prospective franchisees in Minnesota should be aware of these conditions, as failure to meet these requirements could lead to termination of their franchise agreement.