factual

In Minnesota, can a Crepe De Licious franchisee waive their right to a jury trial?

Crepe_De_Licious Franchise · 2025 FDD

Answer from 2025 FDD Document

MINNESOTA

Despite anything to the contrary in the Franchise Agreement, the following provisions will supersede and apply to all Franchises offered and sold in the State of Minnesota:

    1. Minn. Rule Part 2860.4400J prohibits a franchisee from waiving his rights to a jury trial or waiving his rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction, or consenting to liquidated damages, termination penalties or judgment notes. Any provision in the Franchise Agreement which would require you to waive your rights to any procedure, forum or remedies provided for by the laws of the State of Minnesota is deleted from any agreement relating

  • to Franchises offered and sold in the State of Minnesota; provided, however, that this paragraph will not affect the obligation in the Franchise Agreement relating to arbitration.

Source: Item 22 — CONTRACTS (FDD page 57)

What This Means (2025 FDD)

According to the 2025 Crepe De Licious Franchise Disclosure Document, a franchisee in Minnesota cannot waive their right to a jury trial. The FDD specifies that any provision in the Franchise Agreement that requires a franchisee to waive their rights to any procedure, forum, or remedies provided by Minnesota law is deleted from any agreement relating to franchises offered and sold in Minnesota. This protection ensures that franchisees retain all legal rights and remedies available to them under Minnesota law.

This provision is included in a state-specific addendum that modifies the standard Franchise Agreement for franchisees operating in Minnesota. This addendum takes precedence over any conflicting terms in the standard agreement, ensuring compliance with Minnesota state law. However, the FDD notes that this paragraph does not affect the obligation in the Franchise Agreement relating to arbitration.

In practical terms, this means that if a Crepe De Licious franchisee in Minnesota is involved in a dispute with the franchisor, they retain the right to have the case decided by a jury. This protection is significant because it prevents the franchisor from forcing the franchisee to give up this important legal right. This ensures that Minnesota franchisees have the same access to legal procedures, forums, and remedies as any other business owner in the state, as provided by 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.