Is Crisp & Green allowed to require litigation to be conducted outside of Minnesota?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
Notwithstanding anything to the contrary set forth in the Crisp & Green Franchising LLC Area Development Agreement, the following provisions shall supersede and apply to all Crisp & Green franchises offered and sold in the state of Minnesota:
This Minnesota Addendum is only applicable if you are a resident of Minnesota or if your business will be located in Minnesota.
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- Minn. Stat. Section 80C.21 and Minn. Rule 2860.4400J prohibit Franchisor from requiring litigation to be conducted outside Minnesota. In addition, nothing in this Agreement can abrogate or reduce any of your rights as provided for in Minnesota Statutes, Chapter 80C or your rights to any procedure, forum or remedies provided for by the laws of the jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, if a franchisee or prospective franchisee is a resident of Minnesota or the business will be located in Minnesota, Crisp & Green is prohibited from requiring litigation to be conducted outside of Minnesota. This protection is explicitly stated in the addendum to the Area Development Agreement for the state of Minnesota.
This means that Minnesota franchisees have the right to pursue legal action against Crisp & Green within their home state, avoiding the potential burden and expense of traveling to another jurisdiction, such as Minnesota, where Crisp & Green's principal executive office is located. This provision ensures that Minnesota franchisees are not disadvantaged by geographical constraints when seeking legal recourse.
The FDD also states that nothing in the agreement can abrogate or reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. This further reinforces the protection afforded to Minnesota franchisees under state law, ensuring that their legal rights and options remain intact.
It is important to note that this addendum applies specifically to franchisees who are residents of Minnesota or whose businesses are located in Minnesota. Franchisees in other states may be subject to different terms regarding litigation and dispute resolution, as outlined in addenda specific to those states, such as the addenda for North Dakota, Illinois, South Dakota, and New York.