In Minnesota, can an Hck Hot Chicken franchisee waive their right to a jury trial?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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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 the 2025 Hck Hot Chicken Franchise Disclosure Document, if you are opening a franchise in Minnesota, you cannot waive your right to a jury trial. The FDD specifies that Minnesota Rule Part 2860.4400J prohibits a franchisee from waiving their right to a jury trial. Any provision in the franchise agreement that would require you to waive your rights to any procedure, forum, or remedies provided by the laws of the State of Minnesota is deleted from any agreement relating to franchises offered and sold in the State of Minnesota.
This protection ensures that Hck Hot Chicken franchisees in Minnesota retain their full legal rights and recourse in case of disputes with the franchisor. It prevents the franchisor from enforcing any clause in the franchise agreement that would force a franchisee to give up their right to a jury trial, which is a fundamental aspect of the legal system.
However, the FDD also notes that this paragraph does not affect the obligation in the Franchise Agreement relating to arbitration. This means that while a franchisee cannot waive their right to a jury trial, they may still be required to participate in arbitration to resolve disputes with Hck Hot Chicken. Arbitration is a common alternative dispute resolution method in franchising, where a neutral third party hears the case and makes a binding decision.