If a Face Foundrie Facial Bar will be located in Minnesota, is the Minnesota Addendum applicable?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS ADDENDUM (the "Addendum") is made and entered into by and between FACE FOUNDRIÉ FRANCHISING L.L.C., a Minnesota limited liability company ("Franchisor") with its principal business address at 6446 Flying Cloud Drive, Eden Prairie, Minnesota 55344, and |
|---|
| , a ("Franchisee"), whose principal |
| business address is |
| 1. |
| BACKGROUND. Franchisor and Franchisee are parties to that certain Franchise Agreement |
| dated, 20 (the "Franchise Agreement"). This Addendum is annexed to |
| and forms part of the Franchise Agreement. This Addendum is being signed because |
| (a) the Facial Bar |
| that |
| Franchisee will operate under the Franchise Agreement will be located in Minnesota; and/or (b) any of the |
| offering or sales activity relating to the Franchise Agreement occurred in Minnesota. |
| 2. |
| RELEASES. The following is added to the end of Sections 13.02 and 15.03 of the Franchise |
| Agreement: |
| Any release required as a condition of renewal, sale and/or assignment/transfer will not apply |
| to the extent prohibited by the Minnesota Franchises Law. |
| 3. |
| RENEWAL TERM AND TERMINATION TERM. The following is added to the end |
| of Sections 14.03 and 15.01 |
| of the Franchise Agreement: |
| However, with respect to franchises governed by Minnesota law, Franchisor will comply with |
| Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, that |
| Franchisee be given 90 days' notice of termination (with 60 days to |
| cure) and 180 days' notice |
| of non-renewal of this Agreement. |
| 4. |
| NOTIFICATION OF INFRINGEMENT AND CLAIMS. The following sentence is |
| added to the end of Section 5.04 |
| of the Franchise Agreement: |
| Provided Franchisee has complied with all provisions of this Agreement applicable to the |
| Marks, Franchisor will protect Franchisee's right to use the Marks and will indemnify |
| Franchisee from any loss, cots or expenses arising out of any claims, suits or demands |
| regarding Franchisee's use of the Marks in accordance with Minn. Stat. Sec. 80C 12, Subd. |
| 1(g). |
| 5. |
| FORUM FOR LITIGATION. The following language is added to the end of Section 18.04 |
| of the Franchise Agreement: |
| NOTWITHSTANDING THE FOREGOING, MINN. STAT. SEC. 80C.21 AND MINN. |
| RULE 2860.4400J PROHIBIT US, EXCEPT IN CERTAIN SPECIFIED CASES, FROM |
| REQUIRING LITIGATION TO BE CONDUCTED OUTSIDE OF MINNESOTA. |
| NOTHING IN THIS AGREEMENT WILL ABROGATE OR REDUCE ANY OF |
| FRANCHISEE'S RIGHTS UNDER MINNESOTA STATUTES CHAPTER 80.C OR |
| FRANCHISEE'S RIGHTS TO ANY PROCEDURE, FORUM OR REMEDIES THAT |
| THE LAWS OF THE JURISDICTION PROVIDE. |
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, the Minnesota Addendum is applicable if the Facial Bar will be located in Minnesota. The addendum is made between Face Foundrié Franchising L.L.C. and the franchisee. The FDD states that the addendum is signed because the Facial Bar that the franchisee will operate under the Franchise Agreement will be located in Minnesota, or any of the offering or sales activity relating to the Franchise Agreement occurred in Minnesota.
Several sections of the Franchise Agreement are modified by the Minnesota Addendum to comply with Minnesota law. These modifications include stipulations regarding releases, renewal and termination terms, notification of infringement and claims, and the forum for litigation. Specifically, any release required for renewal, sale, or transfer will not apply if prohibited by Minnesota Franchises Law. Face Foundrie must also comply with Minnesota Statutes regarding termination and non-renewal notices, providing the franchisee with 90 days' notice of termination (with 60 days to cure) and 180 days' notice of non-renewal, except in certain specified cases.
Furthermore, Face Foundrie will protect the franchisee's right to use the marks and indemnify them from losses arising from claims related to the use of marks, in accordance with Minnesota Statutes. The addendum also states that Minnesota law prohibits requiring litigation to be conducted outside of Minnesota, except in certain specified cases, ensuring that the franchisee retains their rights under Minnesota Statutes Chapter 80.C and access to procedures, forums, or remedies provided by Minnesota law. Therefore, if a Face Foundrie Facial Bar is located in Minnesota, the Minnesota Addendum is applicable and modifies the Franchise Agreement to align with Minnesota law.