Can the Kitchen Solvers disclosure document or Franchise Agreement reduce a franchisee's rights as provided in Minnesota Statutes, Chapter 80C?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the disclosure document and Franchise Agreement cannot reduce a franchisee's rights as provided for in Minnesota Statutes, Chapter 80C. This protection is explicitly stated in the addendum to the disclosure document for the state of Minnesota. This addendum ensures that Minnesota franchisees retain all rights, procedures, forums, and remedies granted by Minnesota law, regardless of what the standard franchise agreement might otherwise stipulate.
Specifically, Minnesota Statutes, Section 80C.21 and Minnesota Rule 2860.4400J, prevent Kitchen Solvers from requiring litigation to occur outside of Minnesota, enforcing jury trial waivers, or mandating franchisee consent to liquidated damages, termination penalties, or judgment notes. This safeguards the franchisee's legal recourse and ensures a fair legal process within their home state.
Furthermore, any statements, questionnaires, or acknowledgments signed by the franchisee at the start of the franchise relationship cannot waive claims under state franchise law, including claims of fraud in the inducement, or disclaim reliance on statements made by Kitchen Solvers. This provision reinforces the franchisee's ability to pursue legal action if they believe they were misled or defrauded during the franchise sales process. This protection supersedes any conflicting terms in other documents related to the franchise agreement.