What statute of limitations applies to claims under the Fly To Fit Franchise Agreement?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
The Limitations of Claims section must comply with Minnesota Statutes, Section 80C.17, Subd. 5, and therefore the applicable provision of the Agreement is amended to state "No action may be commenced pursuant to Minnesota Statutes, Section 80C.17 more than three years after the cause of action accrues."
Any provision of the Agreement which provides for a period of Statute of Limitations. limitations for causes of action shall not apply to causes of action under the Maryland Franchise an action under such law within three years after the grant of the franchise. Law, Business Regulation Article, §14-227, Annotated Code of Maryland. Franchisee must bring
Limitation of Claims. No action can be maintained to enforce any liability created by the Illinois Act unless brought before the expiration of 3 years from the act or transaction constituting the violation upon which it is based, the expiration of 1 year after Franchisee become aware of facts or circumstances reasonably indicating that Franchisee may have a claim for relief in respect to conduct governed by the Illinois Act, or 90 days after delivery to the Franchisee of a written
(9) Limitation of Claims: Franchisee is not required to consent to a limitation of claims. The statute of limitations under North Dakota law applies.
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the statute of limitations for claims varies depending on the state. For franchisees operating in Minnesota, no action may be commenced pursuant to Minnesota Statutes, Section 80C.17 more than three years after the cause of action accrues. In Maryland, any provision of the agreement that provides for a period of limitations for causes of action does not apply to causes of action under the Maryland Franchise Law, Business Regulation Article, §14-227, Annotated Code of Maryland, and the franchisee must bring an action under such law within three years after the grant of the franchise. For franchisees in Illinois, no action can be maintained to enforce any liability created by the Illinois Act unless brought before the expiration of 3 years from the act or transaction constituting the violation upon which it is based, the expiration of 1 year after Franchisee become aware of facts or circumstances reasonably indicating that Franchisee may have a claim for relief in respect to conduct governed by the Illinois Act, or 90 days after delivery to the Franchisee of a written notice disclosing the violation, whichever shall first expire. Finally, in North Dakota, franchisees are not required to consent to a limitation of claims, and the statute of limitations under North Dakota law applies.
These stipulations mean that Fly To Fit franchisees need to be aware of the specific statutes of limitations in their state. The time window to bring a claim could be significantly impacted depending on where the franchise operates. This is particularly important for franchisees in Maryland, Illinois and Minnesota, where specific statutes are mentioned that could shorten or alter the standard limitation periods.
Prospective Fly To Fit franchisees should consult with legal counsel to fully understand the implications of these state-specific riders and how they affect their rights and obligations under the Franchise Agreement. Understanding these limitations is crucial for protecting their investment and ensuring they can take appropriate action if a dispute arises.