factual

Does the Crisp & Green franchise agreement allow litigation to be required outside of Minnesota?

Crisp_Green Franchise · 2024 FDD

Answer from 2024 FDD Document

irements of the Maryland Franchise Registration and Disclosure Law are met independently without reference to this Addendum.

Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to be bound by all of its terms.

CRISP & GREEN FRANCHISING LLC, a

Minnesota limited liability company (Name of corporation, limited liability company or partnership) By: By: Print Name: Print Name: Title: Title:

ADDENDUM TO THE CRISP & GREEN AREA DEVELOPMENT AGREEMENT FOR THE STATE OF MINNESOTA

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.

    1. 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.
    1. Franchisor will comply with Minn. Stat. Section 80C.14, subds. 3, 4 and 5, which require, except in certain specified cases, that the Developer be given 90 days' notice of termination (with 60 days to cure).
    1. Franchisor shall not require Developer to assent to a release, assignment, novation or waiver that would relieve any person from liability imposed by Minnesota Statutes, Sections 80C.01 to 80C.22, provided that the foregoing shall not bar the voluntary settlement of disputes

Source: Item 23 — RECEIPTS (FDD pages 66–252)

What This Means (2024 FDD)

According to the 2024 Crisp & Green Franchise Disclosure Document, the franchise agreement cannot require litigation to be conducted outside of Minnesota for franchisees who are residents of Minnesota or whose businesses will be located in Minnesota.

Specifically, an addendum to the Crisp & Green Area Development Agreement for the state of Minnesota states that Minnesota Statute Section 80C.21 and Minnesota Rule 2860.4400J prohibit Crisp & Green from requiring litigation to be conducted outside Minnesota. The addendum also clarifies that nothing in the agreement can abrogate or reduce any rights provided for in Minnesota Statutes, Chapter 80C, or rights to any procedure, forum, or remedies provided by the laws of the jurisdiction.

Additionally, an addendum to the Crisp & Green Franchise Disclosure Document required by the state of Illinois modifies Item 17 to include that Section 705/4 of the Illinois Franchise Disclosure Act of 1987 provides that any provision in a franchise/license agreement that designates jurisdiction or venue in a forum outside of Illinois is void. The document states that all litigation must be instituted in a court of competent jurisdiction located in the State of Illinois.

Disclaimer: This information is extracted from the 2024 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.