Can the Deck Medic Disclosure Document or Franchise Agreement abrogate Minnesota law?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
MINNESOTA FRANCHISE AGREEMENT AMENDMENT
Amendments to the Deck Medic Franchise Agreement:
In recognition of the requirements of the Minnesota Statutes, Chapter 80C. and Minnesota Franchise Rules, Chapter 2860, the parties to the attached Deck Medic, Inc. Franchise Agreement (the "Franchise Agreement"), as follows:
- Article 14.C. of the Franchise Agreement, under the heading "Conditions for Approval of Transfer," subarticle 14.C.(6) is supplemented with the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Minnesota Franchise Act, Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D), shall remain in force; it being the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied; and
Minnesota law provides a franchisee with certain termination and non-renewal rights. Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5 require, except in certain specified cases, that franchisee be given 180 days-notice of nonrenewal of this Agreement by Franchisor.
- Article 15.B. of the Franchise Agreement, under the heading "Conditions for Renewal," the subarticle 15.B.(8) is supplemented with the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Minnesota Franchise Act, Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D), shall remain in force; it being the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied; and
Minnesota law provides a franchisee with certain termination and non-renewal rights. Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5 require, except in certain specified cases, that franchisee be given 180 days-notice of nonrenewal of this Agreement by Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the franchise agreement and related documents cannot override Minnesota law regarding franchisee rights. Specifically, the Minnesota Franchise Agreement Amendment ensures that the rights and causes of action available to franchisees under the Minnesota Franchise Act (Minn. Stat. Section 80C.14 et seq.) and Minnesota Rules 2860.4400(D) remain in effect. This is to comply with the non-waiver provisions of Minnesota Rules 2860.4400(D).
Furthermore, Minnesota law grants franchisees certain rights concerning termination and non-renewal. Except in specific situations, Deck Medic must provide the franchisee with 180 days' notice of nonrenewal, as stipulated in Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5. This amendment is included in both Article 14.C, which addresses conditions for approval of transfer, and Article 15.B, which covers conditions for renewal, reinforcing the protection of franchisee rights under Minnesota law.
Additionally, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Deck Medic or its representatives. This provision supersedes any conflicting terms in other documents related to the franchise agreement, further safeguarding the franchisee's rights and ensuring compliance with Minnesota law.