Does Minnesota law allow Cool Binz franchisees to waive a jury trial?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
Waiver of Punitive Damages and Jury Trial. The following is added to Section 15.I, of the Agreement:
Minn. Rule 2860.4400J. prohibits the waiver of a jury trial.
Limitations of Claims. The following is added to Section 15.K. of the Agreement:
Minn. Stat. 80C.17, Subd. 5 requires that no action may be commenced pursuant to this section more than three (3) years after the cause of action occurs.
Dispute Resolution Procedures/Governing Law. The following language is added to Sections 15.F and 15.H. of the Agreement:
PURSUANT TO MINN. STAT. 80C.21 AND MINN. RULE 2860.4400J,the Franchisor is prohibited from (i) requiring litigation to be conducted outside Minnesota; (ii) requiring waiver of a jury trial; and (iii) requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. Nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce (i) any of the franchisee's rights as provided for in Minnesota Franchise Act or (ii) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, Minnesota law does not allow Cool Binz franchisees to waive a jury trial. Specifically, Minn. Rule 2860.4400J prohibits the waiver of a jury trial. This protection is explicitly mentioned as an addition to Section 15.I of the Franchise Agreement, reinforcing the franchisee's right to a jury trial in Minnesota.
This provision ensures that Cool Binz franchisees operating in Minnesota retain their right to a jury trial for any disputes arising under the franchise agreement. This means that franchisees cannot be forced to give up their right to have a jury decide their case, which is a significant legal protection. The FDD also states that nothing in the franchise documents can reduce any of the franchisee's rights as provided for in the Minnesota Franchise Act.
For a prospective Cool Binz franchisee in Minnesota, this is a beneficial clause. It prevents the franchisor from including a clause in the franchise agreement that would force the franchisee to waive their right to a jury trial. This ensures that franchisees have access to the full legal protections afforded by the state of Minnesota in the event of a dispute with Cool Binz.