Does Minnesota law allow Dryject to require litigation to be conducted outside of Minnesota?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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 d
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, Minnesota law prohibits Dryject from requiring franchisees to conduct litigation outside of Minnesota. Specifically, Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prevent Dryject from mandating that litigation occur in a forum outside of Minnesota. This protection ensures that Minnesota Dryject franchisees are not forced to bear the additional costs and burdens associated with pursuing legal action in a distant or inconvenient location.
This provision is favorable for prospective Dryject franchisees in Minnesota, as it ensures that they can resolve disputes with Dryject within their own state's legal system. It also prevents Dryject from imposing other potentially unfair conditions, such as requiring waiver of a jury trial, or consenting to liquidated damages, termination penalties or judgment notes. The FDD also states that nothing in the disclosure document or franchise agreement can 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.
Dryject acknowledges these protections afforded to franchisees under Minnesota law. The FDD includes specific amendments to the franchise agreement to ensure compliance with Minnesota statutes and rules. This indicates that Dryject is aware of and intends to adhere to the legal requirements for franchising within the state of Minnesota. However, Dryject reserves the right to challenge the constitutionality of the state law by bringing an appropriate legal action or raising the claim in a legal action or arbitration that you initiate.