factual

In Minnesota, can Fly To Fit require litigation to be conducted outside of Minnesota?

Fly_To_Fit Franchise · 2024 FDD

Answer from 2024 FDD Document

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 Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) explicitly prohibit Fly To Fit from requiring franchisees to conduct litigation outside of Minnesota. This protection ensures that franchisees are not forced to bear the additional burden and expense of traveling to another state to resolve legal disputes with the company. This provision is part of the Minnesota Addendum to the Disclosure Document, reinforcing the state's commitment to protecting franchisee rights.

This statute also ensures that the Franchise Disclosure Document or any agreements cannot reduce or remove any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or the franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. This means that Fly To Fit franchisees in Minnesota retain all legal rights and protections afforded to them under Minnesota law, regardless of what the standard franchise agreement might otherwise stipulate.

In practical terms, this means a Fly To Fit franchisee in Minnesota can be confident that if a legal dispute arises with the franchisor, they will have the right to pursue legal action within the state of Minnesota. This provision helps to level the playing field between the franchisor and franchisee, preventing Fly To Fit from using its greater resources to force franchisees into unfavorable legal venues.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.