Under Minnesota law, can a Crisp & Green franchisee waive their rights to remedies?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
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- 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
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- No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including, fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, Minnesota law offers specific protections to franchisees, preventing them from unintentionally relinquishing their legal rights. The FDD includes an addendum for Minnesota franchisees that addresses waivers and releases.
Specifically, the addendum states that Crisp & Green cannot require franchisees to agree to a release, assignment, novation, or waiver that would relieve anyone from liabilities imposed by Minnesota Statutes, Sections 80C.01 to 80C.22. However, this does not prevent the voluntary settlement of disputes. Furthermore, any statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship cannot waive claims under state franchise law, including claims related to fraud, or disclaim reliance on statements made by Crisp & Green or its representatives.
In essence, Crisp & Green franchisees in Minnesota retain their rights and remedies under Minnesota law, and any attempt to waive these rights through standard documents is superseded by these protections. This ensures that franchisees are not unknowingly giving up their legal recourse.