In Minnesota, does the Dryject Disclosure Document or agreement supersede any rights provided in Minnesota Statutes, Chapter 80C?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit us 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 this Disclosure Document or agreement can abrogate or reduce any of your rights as provided for in Minnesota Statues, Chapter 80C, or your 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, the franchise agreement cannot override the rights granted to franchisees under Minnesota Statutes, Chapter 80C. Specifically, the FDD states that nothing within the disclosure document or the franchise agreement can diminish or eliminate a franchisee's rights as outlined in Minnesota Statutes, Chapter 80C. This protection extends to a franchisee's rights to any procedure, forum, or remedies provided by Minnesota law. This provision ensures that Minnesota franchisees retain all protections afforded to them under state law, regardless of what the franchise agreement may state.
This safeguard is reinforced by additional stipulations within the FDD. For example, any release signed as a condition of renewal or transfer does not apply to claims franchisees may have under the Minnesota Franchise Act. Furthermore, Dryject must comply with specific sections of Minnesota law regarding termination and nonrenewal notices, as well as the consent to transfer the franchise. These sections mandate that franchisees receive a 90-day notice of termination (with 60 days to cure) and a 180-day notice for nonrenewal, and that Dryject cannot unreasonably withhold consent to transfer the franchise.
Moreover, the FDD explicitly prohibits Dryject from requiring litigation to occur outside of Minnesota, demanding a waiver of a jury trial, or compelling franchisees to consent to liquidated damages, termination penalties, or judgment notes. These stipulations, along with the overarching protection of rights under Chapter 80C, ensure that Minnesota franchisees are afforded significant legal protections and recourse within the state. This compliance with Minnesota franchise law provides a more secure and predictable business environment for Dryject franchisees operating in Minnesota.