Is Fly To Fit allowed to require Minnesota franchisees to consent to termination penalties?
Fly_To_Fit 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.
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Minnesota franchisees are protected from being required to consent to termination penalties. The Minnesota Addendum to the Disclosure Document explicitly states that Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit Fly To Fit from requiring franchisees to consent to liquidated damages or termination penalties. This ensures that Fly To Fit franchisees in Minnesota are not forced into agreements that include such penalties.
This protection extends further, ensuring that nothing in the Franchise Disclosure Document or any related agreements can reduce any of the franchisee's rights as provided by Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by Minnesota law. This provision aims to create a fair balance between the franchisor and franchisee, preventing overreaching terms that might disadvantage the franchisee.
Prospective Fly To Fit franchisees in Minnesota should be aware of these protections, which are designed to safeguard their interests and rights under Minnesota law. It is advisable for potential franchisees to carefully review the Minnesota Addendum and consult with legal counsel to fully understand their rights and obligations before entering into a franchise agreement.