Can Crown Gold Exchange require a waiver of a jury trial from franchisees in Minnesota?
Crown_Gold_Exchange Franchise · 2024 FDDAnswer from 2024 FDD Document
Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce (1) any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C or (2) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Crown Gold Exchange's 2024 Franchise Disclosure Document, Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) explicitly prohibit Crown Gold Exchange from requiring franchisees to waive their right to a jury trial. This protection is in place to ensure that franchisees in Minnesota retain their legal rights and access to fair legal proceedings within the state.
This means that any clause within the franchise agreement that attempts to force a franchisee to waive their right to a jury trial in Minnesota is unenforceable. The Minnesota statutes and rules take precedence over any conflicting terms in the franchise agreement, safeguarding the franchisee's ability to seek justice through a jury trial if a dispute arises with Crown Gold Exchange.
Furthermore, the FDD states that nothing in the Franchise Disclosure Document or agreements can reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. This reinforces the protection of franchisee rights under Minnesota law, ensuring that franchisees maintain all legal avenues available to them.