What is the intent of the non-waiver provisions of the Minnesota Rules 2860.4400(D) as it relates to the Deer Solution Franchise Agreement?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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, the Minnesota Franchise Agreement Amendment ensures that franchisees retain all rights and causes of action arising from the Minnesota Franchise Act, specifically referencing Minnesota Rules 2860.4400(D). This provision is included in both Article 14.C, concerning conditions for approval of transfer, and Article 15.B, addressing conditions for renewal, of the Deer Solution Franchise Agreement. The explicit intent is to satisfy the non-waiver provisions outlined in Minnesota Rules 2860.4400(D).
This means that even if a franchisee agrees to certain terms within the franchise agreement, those terms cannot waive or nullify the protections provided to them under Minnesota law. These protections include specific termination and non-renewal rights, requiring Deer Solution to provide a franchisee with 180 days' notice of nonrenewal, except in certain specified cases, as mandated by Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5.
For a prospective Deer Solution franchisee in Minnesota, this amendment offers significant security. It prevents Deer Solution from enforcing clauses that might inadvertently or intentionally strip away the franchisee's statutory rights under Minnesota franchise law. This ensures that franchisees can fully exercise their legal rights regarding franchise termination, renewal, and other critical aspects of the franchise relationship, regardless of any potentially conflicting terms in the franchise agreement.