What is the effect of the Kitchen Solvers Minnesota addendum on other terms in documents executed in connection with the franchise?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
d Professions Code Section 20040.5, Code of Civil Procedure Section 1281, and the Federal Arbitration Act) to any provisions of a franchise agreement restricting venue to a forum outside the State of California.
The franchise agreement and the area development agreement contain a covenant not to compete which extends beyond the termination of the franchise. This provision may not be enforceable under California law.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving and claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or oth
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, the Minnesota addendum has a specific impact on other documents executed in connection with the franchise. Specifically, any statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship cannot waive claims under state franchise law, including claims of fraud in the inducement. Furthermore, these documents cannot disclaim reliance on statements made by Kitchen Solvers or anyone acting on their behalf. This provision explicitly supersedes any other conflicting terms in any document related to the franchise.
This means that Kitchen Solvers franchisees in Minnesota retain their rights under Minnesota franchise law, regardless of any agreements they may sign. This protection extends to claims of fraud, ensuring franchisees can't inadvertently waive their right to sue if they believe they were misled. This is a significant benefit for franchisees, as it prevents Kitchen Solvers from using standard paperwork to shield themselves from liability under state law.
Additionally, Minnesota Rule 2860.4400D prohibits Kitchen Solvers from requiring a franchisee to agree to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute 80C.01 – 80C.22. This further strengthens the franchisee's position by preventing Kitchen Solvers from circumventing liability through such legal mechanisms. This ensures that the franchisee's rights and remedies under Minnesota law remain intact and enforceable.
In practical terms, a prospective Kitchen Solvers franchisee in Minnesota should understand that the addendum provides additional legal protection beyond the standard franchise agreement. They should carefully review all documents with this in mind, knowing that certain clauses that might seem to limit their rights are superseded by the protections afforded under Minnesota law. This addendum aims to create a fairer balance of power between the franchisor and franchisee within the state.