What statute of limitations applies to claims made by Itan franchisees in North Dakota?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
Provisions requiring you to consent to a limitation of claims within one year have been determined to be unfair, unjust and inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law.
Accordingly, any such provision is modified to read that the statute of limitations under North Dakota Law will apply.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, provisions requiring franchisees in North Dakota to consent to a limitation of claims within one year have been deemed unfair, unjust, and inequitable under Section 51-19-09 of the North Dakota Franchise Investment Law.
As a result, any such provision in the franchise agreement is modified. Instead of a one-year limitation, the statute of limitations under North Dakota law will apply to claims made by Itan franchisees.
This means that the time frame within which an Itan franchisee in North Dakota can bring a legal claim against the franchisor will be determined by the relevant North Dakota statute of limitations, which may be longer than one year. Prospective franchisees should consult with a legal professional to understand the specific statute of limitations applicable to various types of claims under North Dakota law.