Does the Deer Solution Disclosure Document or Franchise Agreement supersede any rights provided to franchisees under Minnesota Statutes, Chapter 80C?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, nothing in the Disclosure Document or Franchise 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.
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 in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, the franchise agreement does not supersede the rights provided to franchisees under Minnesota Statutes, Chapter 80C. Specifically, the FDD includes a Minnesota FDD Amendment and a Minnesota Franchise Agreement Amendment that ensure compliance with Minnesota franchise law.
The Minnesota Franchise Agreement Amendment supplements certain articles of the standard Deer Solution Franchise Agreement to protect franchisee rights under the Minnesota Franchise Act. Article 14.C and 15.B are supplemented to ensure that all rights and causes of action arising in the franchisee's favor under the Minnesota Franchise Act remain in force. These articles relate to conditions for approval of transfer and conditions for renewal, respectively. The amendment specifically references the non-waiver provisions of Minnesota Rules 2860.4400(D).
Furthermore, the Deer Solution FDD states that nothing in the Disclosure Document or Franchise Agreement can reduce any of a franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction. The document also specifies that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on any statement made by Deer Solution. This provision supersedes any other conflicting term in any document executed in connection with the franchise.