factual

Can Fly To Fit require a franchisee to waive a jury trial in 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, specifically the Minnesota Addendum, Fly To Fit cannot require a franchisee to waive a jury trial in Minnesota. This protection is explicitly stated within the addendum, ensuring that Minnesota franchisees retain their right to a jury trial, and is in accordance with Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J).

This provision is significant for prospective Fly To Fit franchisees in Minnesota as it ensures they maintain all legal rights and protections afforded by Minnesota law. It prevents Fly To Fit from imposing a contractual term that would force franchisees to give up their right to have disputes decided by a jury. This is particularly important in franchise agreements, where power imbalances may exist between the franchisor and franchisee.

The Minnesota Addendum also clarifies that nothing in the Franchise Disclosure Document or agreements can reduce 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 by the laws of the jurisdiction. This reinforces the protection of franchisee rights under Minnesota law. This ensures that franchisees are not subject to unfair or disadvantageous terms in the franchise agreement.

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.