In Minnesota, can Dryject 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 protects franchisees from being forced to litigate outside of the state. Specifically, Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prevent Dryject from requiring franchisees to conduct litigation outside of Minnesota. This means that if a Dryject franchisee in Minnesota has a legal dispute with the company, they generally cannot be forced to resolve it in another state. This provision ensures that Minnesota franchisees can pursue legal action in a familiar and convenient forum, which can reduce the costs and complexities associated with litigation.
In addition to the prohibition on out-of-state litigation, Minnesota law also prevents Dryject from requiring franchisees to waive their right to a jury trial or consent to liquidated damages, termination penalties, or judgment notes. Furthermore, the FDD states that nothing in the disclosure document or franchise agreement can diminish a franchisee's rights under Minnesota Statutes, Chapter 80C, or their access to procedures, forums, or remedies provided by Minnesota law. This comprehensive protection underscores Minnesota's commitment to safeguarding the rights of franchisees within the state.
Dryject's FDD includes an addendum specific to Minnesota, which further emphasizes these protections. This addendum amends the franchise agreement to ensure compliance with Minnesota law, and it explicitly states that the rider supersedes any conflicting provisions in the standard franchise agreement. This means that even if the standard agreement contains language that might be interpreted as requiring out-of-state litigation or waiving certain rights, the Minnesota addendum takes precedence and ensures that Minnesota franchisees are afforded the full protection of state law. This provides additional assurance to prospective franchisees in Minnesota that their legal rights will be upheld.