For Circle K franchises in Minnesota, can anything in the Franchise Disclosure Document or agreements abrogate Minnesota statutes?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
nducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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- In all other respects, the Franchise Agreement will be construed and enforced according to its terms.
Franchisor: TMC Franchise Corporation
ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF MINNESOTA
The following information applies to franchises and franchisees subject to Minnesota statutes and regulations:
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- Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce (1) any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C or (2) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
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- With respect to franchises governed by Minnesota law, the franchisor will comply with Minnesota Statutes, Section 80C.14, Subd. 3-5, which require (except in certain specified cases) (1) that a franchisee be given 90 days notice of termination (with 60 days to cure) and 180 days notice for non- renewal of the franchise agreement and (2) that consent to the transfer of the franchise will not be unreasonably withheld.
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- The franchisor will protect the franchisee's rights to use the trademarks, service marks, trade names, logotypes or other commercial symbols or indemnify the franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name.
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- Minnesota considers it unfair to not protect the franchisee's right to use the trademarks. Refer to Minnesota Statues, Section 80C.12, Subd. 1(g).
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- Minnesota Rules 2860.4400(D) prohibits a franchisor f
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, for franchises subject to Minnesota statutes and regulations, nothing in the Franchise Disclosure Document or the franchise agreement(s) can abrogate or reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C. Additionally, the documents cannot reduce a franchisee's rights to any procedure, forum, or remedies provided by Minnesota law. This protection ensures that Minnesota franchisees retain all rights and legal recourse guaranteed to them under state law, regardless of what the franchise agreement might otherwise state.
This provision is included as an addendum to the Franchise Disclosure Document for the state of Minnesota. It explicitly addresses concerns about the enforceability of certain clauses that might conflict with Minnesota law. For instance, Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit Circle K from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes.
Furthermore, Circle K must comply with Minnesota Statutes, Section 80C.14, Subd. 3-5 regarding termination and non-renewal notices, providing franchisees with 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal, except in certain specified cases. Consent to the transfer of the franchise will also not be unreasonably withheld. These stipulations reinforce the franchisee's rights and ensure fair treatment under Minnesota law, superseding any conflicting terms in the standard franchise agreement. Circle K also protects the franchisee's rights to use trademarks and service marks and will indemnify the franchisee from any related claims.