factual

Under Minnesota law, what minimum notice period will Cream provide for termination of the Franchise Agreement, excluding specified cases?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

However, 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) and 180 days' notice of nonrenewal of this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 61–192)

What This Means (2025 FDD)

According to the 2025 FDD, Cream franchises operating in Minnesota are subject to specific protections under Minnesota law regarding termination. Specifically, Cream must provide franchisees with 90 days' notice of termination, along with 60 days to cure any issues, except in certain specified cases. This requirement is in accordance with Minn. Stat. Sec. 80C.14, Subds. 3, 4, and 5.

This Minnesota-specific stipulation is added to Sections 13.A and 14 of the standard franchise agreement. This means that if a Cream franchisee in Minnesota is facing termination for reasons other than those 'specified cases' exempted by the statute, they are entitled to a 90-day warning period. During this time, the franchisee has 60 days to address and resolve the issues that led to the termination notice.

This provision offers significant protection to Cream franchisees in Minnesota, providing them with time to rectify any problems and potentially avoid termination. It is important for prospective franchisees to understand what constitutes a 'specified case' where this notice period may not apply, as this could significantly impact their rights and obligations under the franchise agreement. Franchisees should consult with a legal professional to fully understand their rights under Minnesota law.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.