What is the effect of acknowledgements made by a Deer Solution franchisee regarding liability under the Minnesota Franchise Act?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
MINNESOTA FRANCHISE AGREEMENT AMENDMENT
Amendments to the Deer Solution Franchise Agreement
In recognition of the requirements of the Minnesota Statutes, Chapter 80C. and Minnesota Franchise Rules, Chapter 2860, the parties to the attached Deer Solution Franchising LLC 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," 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 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, specific stipulations are made regarding the Minnesota Franchise Act. The amendment to the Deer Solution Franchise Agreement ensures that franchisees retain all rights and causes of action arising from the Minnesota Franchise Act, specifically Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D). This is to satisfy the non-waiver provisions outlined in Minnesota Rules 2860.4400(D).
This means that any acknowledgments or statements signed by a Deer Solution franchisee cannot waive their rights or disclaim reliance on statements made by the franchisor under the Minnesota Franchise Act. This protection extends to rights related to franchise termination and non-renewal, requiring Deer Solution to provide 180 days' notice of nonrenewal in most cases, as per Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5.
Furthermore, the FDD highlights that these franchises are registered under the Minnesota Franchise Act, but this registration does not imply endorsement or approval by the Commissioner of Commerce of Minnesota. It is also unlawful for Deer Solution to offer or sell a franchise in Minnesota without providing the prospective franchisee the FDD and related agreements at least seven days before signing any binding agreement or paying any consideration. This ensures that franchisees have adequate time to review the documents and understand their rights and obligations under both the franchise agreement and Minnesota law.