Under what conditions are the provisions of the Dryer Vent Squad amendment effective with respect to the jurisdictional requirements of the Minnesota Franchise Act?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
Amendments to the Dryer Vent Squad Franchise Agreement:
In recognition of the requirements of the Minnesota Statutes, Chapter 80C. and Minnesota Franchise Rules, Chapter 2860, the parties to the attached DVS Holdings, Inc. 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," the 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
Source: Item 23 — RECEIPTS (FDD pages 51–207)
What This Means (2024 FDD)
Based on the 2024 Dryer Vent Squad Franchise Disclosure Document, there is no specific amendment provided that addresses the jurisdictional requirements of the Minnesota Franchise Act. The document includes amendments for other states such as Illinois, Indiana, North Dakota, Maryland, Michigan, Hawaii and Wisconsin, but not Minnesota.
However, the Minnesota Franchise Agreement Amendment addresses the Minnesota Statutes, Chapter 80C, and Minnesota Franchise Rules, Chapter 2860. It states that all rights enjoyed by the franchisee and any causes of action arising in the 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 is the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied.
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 Dryer Vent Squad.
Prospective franchisees in Minnesota should consult with a legal professional to fully understand their rights and obligations under Minnesota law, as well as the specific terms of the Dryer Vent Squad Franchise Agreement.