Can Craters & Freighters require a franchisee to waive a jury trial in Minnesota?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
ITEM 17.
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- Minn. Stat. § 80C.21 and Minn. Rule 2860.4400J prohibit us 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 any of franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters Franchise Disclosure Document, Craters & Freighters is prohibited from requiring a franchisee to waive a jury trial in Minnesota. This protection is explicitly stated under Minnesota Statutes § 80C.21 and Minnesota Rule 2860.4400J. These regulations ensure that franchisees operating in Minnesota retain their right to a jury trial and prevent Craters & Freighters from enforcing mandatory waivers. This safeguards the franchisee's ability to seek legal recourse through a jury if a dispute arises.
This provision is crucial for prospective Craters & Freighters franchisees in Minnesota as it ensures they maintain all legal rights and remedies available under state law. The FDD emphasizes that no clause within the franchise agreement or any related documents can diminish these rights. This protection extends to the franchisee's right to any procedure, forum, or remedies provided by Minnesota law, reinforcing the state's commitment to fair franchising practices.
For a potential Craters & Freighters franchisee, this means that any agreement clause suggesting a waiver of jury trial rights would be unenforceable in Minnesota. This assurance allows franchisees to enter the agreement with confidence, knowing they have full access to the state's legal system to resolve disputes. It is a significant benefit, providing a level playing field and protecting franchisees from potentially overreaching contractual terms.