Does the Kitchen Solvers agreement specify a waiver of class action?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
checks are governed by Minn. Stat. 604.113, which puts a cap on $30 on service charges.
Item 17
With respect to franchises governed by Minnesota law, Franchisor will comply with Minnesota Statute § 80C.14, subdivisions 3, 4, and 5 which requires, except in certain specified cases, that you be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for nonrenewal of the Franchise Agreement.
Minnesota Statutes, Section 80C.21 and Minnesota Rule 2860.4400J prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce any of franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, the franchise agreement does not appear to contain an explicit waiver of class action. However, the FDD includes addenda for several states that address waivers and franchisee rights, particularly concerning litigation and releases. For example, the Minnesota addendum states that Minnesota statutes prohibit the franchisor from requiring waiver of a jury trial. The North Dakota addendum states that any requirement to consent to a waiver of trial by jury shall not reduce any rights of the franchisee as provided for in the North Dakota Franchise Investment Law, including the right to a trial by jury. The California addendum states that representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability are not intended to act as a release of any liability incurred under the California Corporations Code. These addenda suggest that while the standard agreement might contain certain waiver provisions, these provisions are subject to state-specific limitations and may not be enforceable in certain jurisdictions.
These state-specific addenda indicate that Kitchen Solvers acknowledges and complies with state laws that protect franchisees' rights, especially regarding waivers of liability and legal recourse. This implies that Kitchen Solvers franchisees may have more legal protections than initially apparent in the standard franchise agreement, depending on the state in which they operate. It is important to note that the absence of an explicit class action waiver does not necessarily mean that such a waiver could not be implied or enforced under certain circumstances, so franchisees should consult with legal counsel to fully understand their rights.
Prospective Kitchen Solvers franchisees should carefully review the addenda applicable to their specific state and consult with an attorney to understand the full scope of their rights and obligations. They should also inquire with Kitchen Solvers about any policies or practices regarding class action lawsuits and whether the company has ever attempted to enforce a class action waiver in the past. Understanding these nuances is crucial for making an informed decision about investing in a Kitchen Solvers franchise.