For Cream franchises governed by Minnesota law, what is the minimum notice period Cream must provide for termination, and how long does the franchisee have to cure the issue?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- The following is added at the end of the chart in Item 17:
With respect to franchises governed by Minnesota law, we will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, that you be given 90 days' notice of termination (with 60 days to cure) of the Franchise Agreement and Area Development Agreement and 180 days' notice for non-renewal of the Franchise Agreement and Area Development Agreement.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream franchisees operating under Minnesota law benefit from specific protections regarding termination. Cream must provide a minimum of 90 days' notice of termination, except in certain specified cases. During this notice period, the franchisee has 60 days to cure the issue that led to the termination notice. This provision applies to both the Franchise Agreement and the Area Development Agreement.
This Minnesota-specific clause ensures that Cream franchisees have ample time to address any deficiencies before the franchise is terminated. The 90-day notice period allows franchisees to seek legal counsel, assess the issues, and implement corrective measures. The 60-day cure period provides a window to rectify the problems and potentially avoid termination.
It is important for prospective Cream franchisees in Minnesota to understand these protections, as they offer a degree of security and recourse in the event of a dispute with Cream. Franchisees should consult with a legal professional to fully understand their rights and obligations under Minnesota law.