In Minnesota, can a Christian Brothers Automotive franchisee waive their right to a jury trial?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
Minn.
Rule Part 2860.4400J prohibits a franchisee from waiving his rights to a jury trial or waiving his rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction, or consenting to liquidated damages, termination penalties or judgment notes.
To the extent that the Agreement conflicts with this law, the Minnesota law will control.
Source: Item 22 — CONTRACTS (FDD page 76)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, Minnesota law prohibits a franchisee from waiving their right to a jury trial. Specifically, Minn. Rule Part 2860.4400J states that franchisees cannot waive their rights to a jury trial, nor can they waive their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. Additionally, franchisees cannot consent to liquidated damages, termination penalties, or judgment notes.
This provision is designed to protect franchisees in Minnesota from potentially unfair contract terms that might limit their legal recourse in the event of a dispute with Christian Brothers Automotive. By preventing the waiver of jury trials and other legal rights, Minnesota law aims to ensure a more equitable balance of power between the franchisor and the franchisee.
Christian Brothers Automotive acknowledges that if any part of the franchise agreement conflicts with Minnesota law, the Minnesota law will take precedence. This means that even if the standard franchise agreement contains clauses that might be interpreted as a waiver of these rights, those clauses would be unenforceable in Minnesota. This ensures that Minnesota franchisees retain their full legal rights and protections under state law.