In Minnesota, can a Kidokinetics franchisee waive their right to a jury trial?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
With respect to Franchises governed by Minnesota law, we will comply with Minnesota Statute Section 80C.14, Subds. 3, 4 and 5, which require, except in certain specified cases, that you be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the Franchise Agreement; and that consent to the transfer of the Franchise will not be unreasonably withheld.
Item 13 of the FDD is hereby amended to state that we will protect your rights under the Franchise Agreement to use the Marks, or indemnify you from any loss, costs, or expenses arising out of any third-party claim, suit or demand regarding your use of the Marks, if your use of the Marks is in compliance with the provisions of the Franchise Agreement and our System standards.
Minnesota Rule 2860.4400(D) prohibits a franchisor from requiring a franchisee to assent to a general release.
Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, Minnesota franchisees are protected from waiving their right to a jury trial. Specifically, Minnesota Rule Part 2860.4400J explicitly prohibits a franchisee from waiving their rights to a jury trial, as well as waiving rights to any procedure, forum, or remedies provided by Minnesota law. This rule also prevents consenting to liquidated damages, termination penalties, or judgment notes.
This protection means that any clause within the Kidokinetics Franchise Agreement that might compel a franchisee to waive these rights is considered invalid and unenforceable in Minnesota. However, the obligation in the Franchise Agreement relating to arbitration is not affected by this rule.
Kidokinetics will comply with Minnesota Statute Section 80C.14, Subds. 3, 4 and 5, which require, except in certain specified cases, that franchisees be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the Franchise Agreement; and that consent to the transfer of the Franchise will not be unreasonably withheld. Furthermore, Minnesota Rule 2860.4400(D) prohibits Kidokinetics from requiring a franchisee to assent to a general release.