Does the jury trial waiver for Kitchen Solvers apply to claims brought in state court?
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)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, the enforceability of a jury trial waiver within the franchise agreement varies by state. For instance, in Minnesota, the FDD states that Minnesota Statutes prohibit Kitchen Solvers from requiring a waiver of a jury trial. Similarly, in North Dakota, the franchise agreement stipulates that the franchisee consents to a waiver of trial by jury; however, this provision does 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 and the right to submit matters to the jurisdiction of the Courts of North Dakota.
This means that while Kitchen Solvers's standard franchise agreement may include a jury trial waiver, its enforceability is subject to state laws that may protect a franchisee's right to a jury trial in certain jurisdictions. These state-specific addenda ensure that franchisees' rights are aligned with local regulations, particularly concerning dispute resolution and legal proceedings.
For a prospective Kitchen Solvers franchisee, it is crucial to review the addendum specific to their state to understand the extent to which a jury trial waiver is enforceable. This ensures that franchisees are aware of their rights and the legal procedures available to them in case of a dispute with Kitchen Solvers. Franchisees should consult with a legal professional to fully understand their rights in their specific state.