In Minnesota, what specific statutes regarding termination and non-renewal must Chocolate Fish Coffee comply with?
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."
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, franchisees in Minnesota have specific protections regarding injunctive relief and statutes of limitations. The franchisee cannot consent to Chocolate Fish Coffee obtaining injunctive relief, and a court will determine if a bond is required. This means that Chocolate Fish Coffee cannot force a franchisee to agree to an injunction, and the court will decide if Chocolate Fish Coffee needs to provide a bond.
Additionally, the Limitations of Claims section must comply with Minnesota Statutes, Section 80C.17, Subd. 5. The franchise agreement is amended to state that "No action may be commenced pursuant to Minnesota Statutes, Section 80C.17 more than three years after the cause of action accrues." This means a franchisee has three years from when the cause of action occurs to commence an action pursuant to Minnesota Statutes, Section 80C.17.
These stipulations are outlined in the Minnesota Rider to the Franchise and Multi-Unit Development Agreement, ensuring that Chocolate Fish Coffee franchisees in Minnesota receive the protections mandated by Minnesota law.