Is the 60-day cure period for City Publications franchises in Minnesota waivable by the franchisee?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
will reimburse the Franchisee for any costs incurred by the Franchisee in the defense of the Franchisee's right to use the Marks, so long as the Franchisee was using the Marks in the manner authorized by Franchisor, and so long as Franchisor is timely notified of the claim and is given the right to manage the defense of the claim including the right to compromise, settle or otherwise resolve the claim, and to determine whether to appeal a final determination of the claim.
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- ITEM 17 of the Disclosure Document is amended as follows:
- ◼ With respect to franchises governed by Minnesota law, the Franchisor will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, that a Franchisee be given 90 days notice of termination (with 60 days to cure) and 180 days notice of non-renewal of the Franchise Agreement.
- ◼ Item 17 does not provide for a prospective general release of claims against Franchisor which may be subject to the Minnesota Franchise Law. Minn.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to the 2025 City Publications Franchise Disclosure Document, Minnesota franchisees are entitled to certain protections under Minnesota law. Specifically, City Publications must comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4, and 5, which mandate that franchisees receive 90 days' notice of termination and a 60-day period to cure any default, except in certain specified cases. Additionally, franchisees are entitled to 180 days' notice of non-renewal of the franchise agreement.
The FDD also states that Item 17 of the disclosure document does not provide for a prospective general release of claims against City Publications, which may be subject to Minnesota Franchise Law. Minnesota Rule 2860.4400D prohibits City Publications from requiring a franchisee to agree to a general release.
Furthermore, Minn. Stat. §80C.21 and Minn. Rule 2860.4400J prevent City Publications from mandating that litigation be conducted outside of Minnesota. The disclosure document and franchise agreement cannot override or diminish any rights granted to the franchisee under Minnesota Statutes, Chapter 80C, or any procedural rights, forums, or remedies available under Minnesota law. This suggests that the 60-day cure period is a legal right intended to protect franchisees and is likely not waivable. A prospective franchisee should seek legal counsel to confirm whether such rights can be waived or altered by agreement.