factual

In Minnesota, can Circle K require a franchisee to waive a jury trial?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

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.

Source: Item 22 — CONTRACTS (FDD page 100)

What This Means (2025 FDD)

According to Circle K's 2025 Franchise Disclosure Document, if you are a franchisee in Minnesota, Circle K is prohibited from requiring you to waive your right to a jury trial. This protection is explicitly stated in the addendum for Minnesota, ensuring that franchisees retain their legal rights within the state. This is due to Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J). These laws prevent Circle K from enforcing mandatory jury trial waivers in its franchise agreements within the state.

This provision is significant for prospective Circle K franchisees in Minnesota because it ensures they maintain the right to a jury trial in the event of a dispute with the franchisor. Without this protection, franchisees could be forced into alternative dispute resolution methods, such as arbitration, which may not offer the same level of legal recourse as a jury trial. The Minnesota addendum also reinforces that nothing in the Franchise Disclosure Document or agreements can reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction.

This protection is part of a broader set of regulations in Minnesota designed to protect franchisees. These regulations also address issues such as termination notice, transfer rights, and the use of trademarks, all aimed at creating a fairer balance of power between Circle K and its franchisees. Prospective franchisees should carefully review the Minnesota addendum to fully understand their rights and protections under state law.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.