Does Minnesota law allow Dryject to require a waiver of a jury trial?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
| 2. Item 13 is amended to add the following: | |
| DRYJECT MANAGEMENT, LLC will protect your right to use the DryJect® | |
| Mark and Trade Name or will indemnify you against any loss, costs, or expenses | |
| arising out of any claim, suit, or demand regarding your use of the Marks or Trade | |
| Name. | |
| 2. Item 17, summary column for (c) is amended to add the following: | |
| Any release signed as a condition of renewal will not apply to any claims you may | |
| have under the Minnesota Franchise Act. | |
| 3. Item 17, summary column for (f) is amended to add the following: | |
| With respect to franchises governed by Minnesota law, we will comply with Minn. | |
| Stat. Sec. 80C.14, subds. 3, 4 and 5 which require, except in certain specified cases, | |
| that you be given 90 days’ notice of termination (with 60 days to cure) and 180 | |
| days’ notice for nonrenewal of the franchise agreement and that consent to transfer | |
| of the franchise will not be unreasonably withheld. | |
| 4. Item 17, summary column for (m) is amended to add the following: | |
| Any release signed as a condition of transfer will not apply to any claims you may | |
| have under the Minnesota Franchise Act. | |
| 5. Item 17, summary columns for (v) and (w) are amended to add the following: | |
| 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. |
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, Minnesota law does not allow Dryject to require a franchisee to waive their right to a jury trial. Specifically, Minn. Stat. Sec. 80C.21 and Minn. Rules 2860.4400J prohibit Dryject from including such a requirement in its franchise agreement. This protection ensures that franchisees operating in Minnesota retain their right to a jury trial for any disputes arising under the franchise agreement.
This provision is favorable for prospective Dryject franchisees in Minnesota, as it prevents Dryject from forcing them to give up their right to a jury trial. This means that if a dispute arises between Dryject and a franchisee in Minnesota, the franchisee has the option to have the case decided by a jury rather than solely by a judge or through alternative dispute resolution methods like arbitration (although an exclusive arbitration clause is not barred). The FDD also states that nothing in the disclosure document or franchise agreement can reduce any of the 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 this restriction in the addendum to the Franchise Disclosure Document for the state of Minnesota. The FDD includes specific amendments to ensure compliance with Minnesota law, reinforcing the franchisee's rights and preventing any inadvertent waiver of those rights through standard agreement clauses. This compliance measure indicates Dryject's awareness of and adherence to Minnesota's franchise regulations.
Prospective franchisees should carefully review the franchise agreement and disclosure document, paying close attention to any addenda or amendments specific to Minnesota law. Understanding these protections is crucial for making an informed decision about investing in a Dryject franchise in Minnesota. Franchisees should also consult with a legal professional to ensure they fully understand their rights and obligations under the franchise agreement and Minnesota law.