What is the statute of limitations for actions regarding violations of Minnesota Statutes, Sections 80C.01 to 80C.22 for Kidokinetics franchises in Minnesota?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
ota Statutes, Section 80C.21, nothing in the dispute resolution section of this Agreement will in any way abrogate or reduce any of your rights as provided for in Minnesota Statutes, Chapter 80.C.
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- Minnesota Statute Section 80C.17 states that no action for a violation of Minnesota Statutes, Sections 80C.01 to 80C.22 may be commenced more than three years after the cause of action accrues. To the extent that the Franchise Agreement conflicts with Minnesota law, Minnesota law will prevail.
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- Sections 5.5.5 and 5.6.1 of the franchise agreement are amended by the addition of the following language: "These provisions are not enforceable under Minnesota law."
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Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the statute of limitations for violations of Minnesota Statutes, Sections 80C.01 to 80C.22, is three years. This means that a Kidokinetics franchisee in Minnesota has three years from the date the cause of action accrues to commence legal action for any violations of these statutes. This protection is explicitly stated to supersede any conflicting terms in the franchise agreement, ensuring that Minnesota law prevails in such matters.
This provision is important for prospective Kidokinetics franchisees in Minnesota as it sets a clear timeframe for addressing legal issues related to franchise law violations. Franchisees should be aware of this three-year limitation and consult with legal counsel promptly if they believe their rights have been violated. This ensures they do not lose their ability to pursue legal remedies.
It is also important to note that the Kidokinetics Franchise Agreement explicitly states that nothing in the dispute resolution section of the agreement will reduce any rights provided under Minnesota Statutes, Chapter 80C. This reinforces the franchisee's rights and protections under Minnesota law, regardless of the dispute resolution mechanisms outlined in the franchise agreement. This protection helps ensure that franchisees are not unfairly disadvantaged by the agreement's terms.