Can Crisp & Green require a franchisee to waive a jury trial in Minnesota?

According to Crisp & Green's 2024 Franchise Disclosure Document, Minnesota law prohibits Crisp & Green from requiring franchisees to waive their right to a jury trial. This protection is explicitly stated in the Minnesota Addendum to the franchise agreement, ensuring that franchisees retain all rights to procedures, forums, and remedies available under Minnesota law. This provision is in place to protect franchisees from potentially unfair or overreaching terms in the franchise agreement.

Specifically, the FDD highlights that under Minnesota Rules Part 2860.4400J, a franchisee cannot waive any rights to remedies provided by Minnesota law, including the right to a jury trial. This rule is designed to prevent franchisors from using the franchise agreement to strip franchisees of their legal protections under state law. The addendum clarifies that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by Crisp & Green.

This protection extends to various aspects of the franchise relationship, including fraud in the inducement. The Minnesota Addendum explicitly states that its provisions supersede any other conflicting terms in any document executed with the franchise. This ensures that the franchisee's rights under Minnesota law are fully protected, regardless of any other clauses in the franchise agreement that might suggest otherwise.

For a prospective Crisp & Green franchisee in Minnesota, this means that they cannot be compelled to give up their right to a jury trial, and any attempt by Crisp & Green to enforce such a waiver would be invalid under Minnesota law. This provides an important safeguard for franchisees, ensuring they have access to a fair legal process in case of disputes with the franchisor.