What is the 'Initiating Party' for Kitchen Solvers?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO KITCHEN SOLVERS® FRANCHISE AGREEMENT FOR THE STATE OF MINNESOTA
This Addendum pertains to franchises sold in the State of Minnesota and is for the purpose of complying with Minnesota statutes and regulations. Notwithstanding anything which may be contained in the body of the Franchise Agreement to the contrary, the Agreement is amended as follows:
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- We will undertake the defense of any claim of infringement by third parties involving the KITCHEN SOLVERS mark, and you will cooperate with the defense in any reasonable manner prescribed by us with any direct cost of such cooperation to be borne by us.
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- Minnesota law provides franchisees with certain termination and nonrenewal rights. As of the date of this Franchise Agreement, Minn. Stat. Sec. 80C.14, Subd. 3, 4 and 5 require, except in certain specified cases, that a franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for nonrenewal of the franchise agreement.
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- Minn. Stat. § 80C.21 and Minn. Rule 2860.4400J prohibit us from requiring litigation to be conducted outside Minnesota. In addition, nothing in the disclosure document or Franchise Agreement can abrogate or reduce any of your rights as provided for in Minnesota Statutes, Chapter 80C, or your rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. Therefore, the fourth and fifth sentences of Subparagraph 16.I are hereby deleted in their entirety.
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- Subparagraph 16.K is hereby deleted in its entirety.
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- The second sentence of Subparagraph 13.B of the Agreement is deleted in its entirety and will have no further force and effect and the following is substituted in lieu thereof:
Therefore, it is mutually agreed that in the event of a breach or threatened breach of any of the terms of this Agreement the other party will forthwith be entitled to seek an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and other costs incurred in obtaining said equitable relief, until such time as a final and binding determination is made by the arbitrators.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, the term 'Initiating Party' is not explicitly defined. However, the FDD does outline procedures for dispute resolution and termination, which implicitly involve one party initiating action against the other.
Specifically, the Minnesota Addendum included in Item 23 discusses termination and nonrenewal rights, stating that Minnesota law requires a franchisee to be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for nonrenewal, except in certain cases. This suggests that Kitchen Solvers, as the franchisor, or the franchisee could be the initiating party in a termination or non-renewal scenario, depending on who is seeking to end the agreement.
Additionally, the North Dakota Addendum in Item 23 addresses provisions related to jurisdiction, releases, and covenants not to compete, implying potential legal actions that could be initiated by either the franchisor or franchisee. Since the term 'Initiating Party' is not formally defined, prospective franchisees should seek clarification from Kitchen Solvers regarding the specific circumstances under which either party might initiate actions and what procedures would govern such situations.