Is Flowerama allowed to require a franchisee to waive a jury trial in Minnesota?

According to Flowerama's 2024 Franchise Disclosure Document, the franchise agreement contains provisions where a franchisee may be required to waive a jury trial. However, Minnesota law may impact the enforceability of such provisions. Specifically, the Minnesota Addendum to the Flowerama franchise agreement addresses certain legal limitations within the state.

The addendum states that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Flowerama or its representatives. This provision supersedes any conflicting terms in other documents related to the franchise agreement. This suggests that while the standard agreement might contain a jury trial waiver, this waiver may not be enforceable for Minnesota franchisees regarding certain claims.

Therefore, prospective Flowerama franchisees in Minnesota should be aware that while the franchise agreement might include a clause requiring them to waive their right to a jury trial, Minnesota law, as reflected in the state-specific addendum, may prevent Flowerama from enforcing such a waiver, particularly in cases involving claims under Minnesota franchise law or allegations of fraud. It is important for franchisees to consult with legal counsel to understand their rights and the enforceability of specific provisions in their franchise agreement within the context of Minnesota law.