Can a Dryject franchisee waive any rights or consent to Dryject obtaining injunctive relief?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
| arks, service | |
|---|---|
| marks, trade names, logotypes or other commercial symbols or indemnify | |
| Franchise Owner from any loss, costs or expenses arising out of any claim, | |
| suit or demand regarding the use of the name.” | |
| 7. Waiver of Rights and Injunctive Relief. Under Minn. Rule 2860.4400J, | |
| the Agreement is amended to include that it shall be unfair and inequitable | |
| for any person to require a franchisee to waive his or her rights to a jury trial | |
| or waive rights to any procedure, forum, or remedies provided by the laws | |
| of the jurisdiction, or to consent to liquidated damages, termination | |
| procedures, or judgment notes; provided that the foregoing shall not bar an | |
| exclusive arbitration clause. Under Minn. Rule 2860.4400J, a franchisee | |
| cannot waive any rights or consent to the franchisor obtaining injunctive | |
| relief (although the franchisor may seek injunctive relief). Each reference in | |
| the Agreement to the phrase “Franchise Owner consents that DryJect is | |
| entitled to injunctive relief” or words of similar import shall be deleted and | |
| the phrase “DryJect may seek injunctive relief” shall be inserted in its place. | |
| 8. Jurisdiction. The following is added to Section 48: | |
| Minn. Stat. Sec. 80C.,21 and Minn. Rules 2860.4400J prohibit DryJect from | |
| requiring litigation to be conducted outside Minnesota, requiring waiver of | |
| a jury trial, or requiring the franchisee to consent to liquidated damages, | |
| termination penalties or judgment notes. In addition, nothing in the | |
| disclosure document or franchise agreement can abrogate or reduce any of | |
| Franchise Owner’s rights as provided for in Minnesota Statutes, Chapter | |
| 80C, or Franchise Owner’s rights to any procedure, forum or remedies | |
| provided for by the laws of the jurisdiction. |
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, a franchisee's ability to waive rights or consent to injunctive relief is restricted, particularly in jurisdictions governed by specific regulations like Minnesota.
Specifically, under Minn. Rule 2860.4400J, it is considered unfair and inequitable for Dryject to require a franchisee to waive their rights to a jury trial, rights to any procedure, forum, or remedies provided by law, or to consent to liquidated damages, termination procedures, or judgment notes. This rule does not prevent an exclusive arbitration clause. Furthermore, a Dryject franchisee cannot waive any rights or consent to Dryject obtaining injunctive relief, although Dryject retains the right to seek injunctive relief. The franchise agreement is amended to reflect this, replacing any language suggesting the franchisee consents to Dryject's entitlement to injunctive relief with language stating that Dryject may seek such relief.
Moreover, Minn. Stat. Sec. 80C.,21 and Minn. Rules 2860.4400J explicitly prohibit Dryject from requiring litigation to occur outside of Minnesota, mandating waiver of a jury trial, or requiring consent to liquidated damages, termination penalties, or judgment notes. The FDD clarifies that nothing within the disclosure document or franchise agreement can diminish any of the franchisee's rights as provided under Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies available under the laws of the relevant jurisdiction. This ensures that franchisees operating in Minnesota, or under the protection of Minnesota law, retain their legal rights and protections, preventing Dryject from imposing unfair or restrictive conditions.