What specific Minnesota Rule is referenced regarding non-waiver provisions in the Deer Solution Franchise Agreement amendments?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
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, amendments to the franchise agreement for Minnesota franchisees address non-waiver provisions. Specifically, Article 14.C(6) and Article 15.B(8) of the Deer Solution Franchise Agreement are supplemented to ensure that the rights and causes of action arising in favor of the franchisee under the Minnesota Franchise Act and Minnesota Rules 2860.4400(D) remain in effect.
This means that Deer Solution intends to comply with the non-waiver provisions outlined in Minnesota Rules 2860.4400(D). These provisions prevent franchisees from unintentionally waiving their rights under the Minnesota Franchise Act. The amendment explicitly states that it is the intent of the provision to satisfy the non-waiver requirements of Minnesota Rules 2860.4400(D).
Furthermore, the amendment acknowledges that Minnesota law provides franchisees with certain termination and non-renewal rights, referencing Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5. These statutes require Deer Solution to provide a franchisee with 180 days' notice of nonrenewal, except in specific cases. This ensures that franchisees are aware of their rights regarding termination and non-renewal as protected by Minnesota law.