Does the Minnesota addendum supersede other terms in documents executed with the Chocolate Fish Coffee franchise?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
The franchisee cannot consent to the franchisor obtaining injunctive relief. The franchisor may seek injunctive relief. See Minn. Rules 2860.4400J. Also, a court will determine if a bond is required.
The Limitations of Claims section must comply with Minnesota Statutes, Section 80C.17, Subd. 5, and therefore the applicable provision of the Agreement is amended to state "No action may be commenced pursuant to Minnesota Statutes, Section 80C.17 more than three years after the cause of action accrues."
3. Effective Date. This Rider is effective as of the Effective Date.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, the Minnesota addendum does modify the franchise agreement. Specifically, the FDD states that the franchisee cannot consent to the franchisor obtaining injunctive relief, although the franchisor retains the right to seek it. The court will determine if a bond is required.
Additionally, the Limitations of Claims section must comply with Minnesota Statutes, Section 80C.17, Subd. 5. Therefore, the applicable provision of the Agreement is amended to state "No action may be commenced pursuant to Minnesota Statutes, Section 80C.17 more than three years after the cause of action accrues."
This addendum and its modifications are effective as of the effective date of the franchise agreement.