What does Minnesota Rule Part 2860.4400J prohibit a Degree Wellness franchisee from waiving?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- (iii) Minn.
Rule Part 2860.4400J prohibits you from waiving your rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Minn.
Stat. § 80C.21 and Minn.
Rule 2860.4400J prohibit us from requiring litigation arising from claims under Minnesota franchise laws (Minn.
Stat. §§80C.01 through 80C.22) to be conducted outside Minnesota, requiring waiver of a jury trial or requiring you to consent to liquidated damages, termination penalties or judgment notes.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Minnesota Rule Part 2860.4400J protects franchisees by preventing them from waiving their rights to any procedure, forum, or remedies available under Minnesota law. This means that Degree Wellness cannot enforce any agreement provision that would force a franchisee to give up their legal rights in the state.
Specifically, this rule ensures that Degree Wellness franchisees in Minnesota retain access to the legal processes and protections afforded to them. It also means Degree Wellness cannot require litigation from claims arising under Minnesota franchise laws to be conducted outside of Minnesota, require a waiver of a jury trial, or require the franchisee to consent to liquidated damages, termination penalties, or judgment notes.
This protection is significant for prospective Degree Wellness franchisees in Minnesota, as it ensures they cannot be compelled to forfeit their legal recourse in the event of a dispute with the franchisor. This provision aims to create a fairer balance of power between the franchisor and franchisee, safeguarding the franchisee's ability to assert their rights under Minnesota law.