In Minnesota, how many days does an Endless Summer Sweets franchisee have to cure a termination notice?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
In the State of Minnesota only, this Disclosure Document is amended as follows:
• Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit the franchisor 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 Franchise Disclosure Document or agreement(s) can abrogate or reduce (1) any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C or (2) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
With respect to franchises governed by Minnesota law, the franchisor will comply with Minnesota Statutes, Section 80C.14, Subd. 3-5, which require (except in certain specified cases) (1) that a franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the franchise agreement and (2) that consent to the transfer of the franchise will not be unreasonably withheld.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets FDD, Minnesota franchisees are entitled to specific protections under Minnesota Statutes, Section 80C.14, Subd. 3-5. These statutes generally require that Endless Summer Sweets provide a franchisee with 90 days' notice of termination, along with 60 days to cure the issue that led to the termination notice.
This Minnesota addendum to the franchise agreement ensures that Endless Summer Sweets franchisees operating in Minnesota receive a longer cure period than may be specified in the standard franchise agreement. This protection allows franchisees more time to address and resolve any issues cited as grounds for termination, potentially saving their franchise.
It is important to note that these protections apply except in certain specified cases, which are not detailed in the provided FDD excerpt. Prospective franchisees should seek legal counsel to fully understand the circumstances under which these protections apply and the specific rights they have under Minnesota law.