What is the statute of limitations in Minnesota for actions related to the Cool Binz franchise agreement?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, Minnesota Statute 80C.17, Subd. 5 requires that no action may be commenced more than three years after the cause of action occurs. This statute of limitations applies to any legal claims arising from the franchise agreement or the relationship between Cool Binz and the franchisee.
For a prospective Cool Binz franchisee in Minnesota, this means they have three years from the date they knew or should have known about the facts giving rise to a claim to initiate a lawsuit. This limitation applies to most claims but does not include claims arising from non-payment or underpayment of amounts owed to Cool Binz under the agreement, which may have a different statute of limitations as specified elsewhere in the agreement or by law.
This three-year statute of limitations is a legal protection for both the franchisee and Cool Binz, setting a clear timeframe for resolving disputes. Franchisees should be aware of this limitation and promptly seek legal advice if they believe they have a claim against the franchisor to ensure their rights are protected within the prescribed period.