In Minnesota, does any release required by Cream as a condition of renewal or transfer/assignment apply to claims arising under Minn. Rule 2860.4400D if prohibited by Governing Law?

According to Cream's 2025 Franchise Disclosure Document, any release required as a condition of renewal or transfer/assignment will not apply to the extent prohibited by Governing Law with respect to claims arising under Minn. Rule 2860.4400D for franchises governed by Minnesota law. This means that if Minnesota law prohibits the release of claims arising under Minn. Rule 2860.4400D as part of a renewal or transfer, Cream will not enforce such a release.

This provision protects Cream franchisees in Minnesota from being forced to waive their rights under Minn. Rule 2860.4400D when renewing their franchise agreement or transferring it to another party, ensuring they retain the legal protections afforded by that rule. This ensures that franchisees are not put at a disadvantage when negotiating renewal or transfer terms.

It is important for prospective Cream franchisees in Minnesota to understand their rights under Minn. Rule 2860.4400D and how this provision protects those rights during franchise renewal or transfer. Franchisees should consult with a legal professional to fully understand the implications of this rule and ensure their rights are protected.