For Hck Hot Chicken franchises in Minnesota, is any provision requiring litigation outside of Minnesota enforceable?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Minnesota Statute Section 80C.21 and Minnesota Rule 2860.4400J prohibit the franchisor from requiring litigation to be conducted outside of Minnesota. In addition, nothing in the FDD or Franchise Agreement can abrogate or reduce any of your rights as provided for in Minnesota Statutes, Chapter 80C, or your rights to any procedure, forum, or remedies provided for by the laws of Minnesota.
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- Minn. Rule Part 2860.4400J prohibits a franchisee from waiving his rights to a jury trial or waiving his rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction, or consenting to liquidated damages, termination penalties or judgment notes. Any provision in the Franchise Agreement which would require you to waive your rights to any procedure, forum or remedies provided for by the laws of the State of Minnesota is deleted from any agreement relating to Franchises offered and sold in the State of Minnesota; provided, however, that this paragraph will not affect the obligation in the Franchise Agreement relating to arbitration.
Source: Item 22 — CONTRACTS (FDD pages 54–55)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, if you are purchasing a franchise in Minnesota, any clause in the franchise agreement that forces you to conduct litigation outside of Minnesota is not enforceable. Minnesota Statute Section 80C.21 and Minnesota Rule 2860.4400J explicitly prohibit Hck Hot Chicken from requiring franchisees to litigate outside of the state.
Furthermore, the FDD states that nothing within the document or the franchise agreement can diminish any of your rights as provided by Minnesota Statutes, Chapter 80C, or your rights to any procedure, forum, or remedies provided by Minnesota law. This ensures that Minnesota franchisees retain all legal protections and rights afforded to them under state law.
Additionally, Minnesota Rule Part 2860.4400J prohibits a franchisee from waiving their right to a jury trial or waiving their rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction, or consenting to liquidated damages, termination penalties or judgment notes. However, the obligation in the Franchise Agreement relating to arbitration is not affected.