What Minnesota statutes govern the Floors To Go franchise agreement?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the requirements of the Minnesota Franchise Act, Minn. Stat. §§ 80C.01 through 80C.22, and of the Rules and Regulations promulgated thereunder by the Minnesota Commissioner of Commerce, Minn. Rules §§ 2860.0100 through 2860.9930, the parties to the attached Membership Agreement (the "Agreement") agree as follows:
- The first sentence of Section 4.11 of the Agreement shall be deleted in its entirety and shall have no force or effect, and the following shall be substituted in lieu thereof:
We shall protect and maintain all rights to the name and mark "Floors To Go" and all related names, marks, or logos against encroachment, misuse, or unauthorized use and against challenges to any rights of your use, to the extent required by Minnesota Statutes §80C.12, Subd. 1(g).
- The first sentence of Section 4.12 of the Agreement shall be deleted in its entirety and shall have no force or effect, and the following shall be substituted in lieu thereof:
We shall indemnify you against any claims for infringement arising out of your use of the FTG Marks as authorized herein, to the extent required by Minnesota Statutes §80C.12, Subd. 1(g).
- The second sentence of Section 9.3(e) of the Agreement shall be deleted in its entirety and shall have no force or effect, and the following shall be substituted in lieu thereof:
In such an event, we may seek a temporary, preliminary and/or permanent injunction.
- The last sentence of Section 11.1(b) of the Agreement shall be deleted in its entirety and shall have no force or effect, and the following shall be substituted in lieu thereof:
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, several Minnesota statutes and rules govern the franchise agreement for franchisees operating in Minnesota.
Specifically, the Minnesota Franchise Act, Minn. Stat. §§ 80C.01 through 80C.22, and the rules and regulations promulgated by the Minnesota Commissioner of Commerce, Minn. Rules §§ 2860.0100 through 2860.9930, are recognized as governing the agreement. These statutes and rules address various aspects of the franchise relationship, including the franchisor's duty to protect the franchisee's use of trademarks and to indemnify the franchisee against infringement claims.
Additionally, Minnesota Statutes §80C.21 and Minnesota Rule 2860.4400J, prohibit Floors To Go from requiring litigation to be conducted outside of Minnesota, ensuring that Minnesota franchisees have the right to litigate within their state. Minnesota Statutes § 80C.14, Subds. 3, 4 and 5, mandates that Floors To Go provide franchisees with specific notices of termination (90 days with 60 days to cure) and non-renewal (180 days), except in certain specified cases. These provisions supersede any conflicting terms in the standard franchise agreement, reinforcing the franchisee's rights under Minnesota law.