factual

Does Minnesota Statute 80C.21 prohibit Kitchen Solvers from requiring waiver of a jury trial?

Kitchen_Solvers Franchise · 2025 FDD

Answer 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, Minnesota Statute § 80C.21 and Minnesota Rule 2860.4400J do indeed prohibit Kitchen Solvers from requiring a franchisee to waive their right to a jury trial. This protection ensures that franchisees operating in Minnesota retain their constitutional right to have disputes decided by a jury of their peers. This provision is explicitly designed to protect franchisees from potentially overbearing franchisor demands.

This statute also prevents Kitchen Solvers from forcing franchisees into litigation outside of Minnesota, or from requiring consent to liquidated damages, termination penalties, or judgment notes. Furthermore, the FDD states that nothing within the Kitchen Solvers Franchise Disclosure Document or agreements can diminish a franchisee's rights as provided under Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies available under Minnesota law.

For a prospective Kitchen Solvers franchisee in Minnesota, this means that the franchise agreement cannot legally force them to give up their right to a jury trial, choose an out-of-state venue for disputes, or accept unfair penalties. This provides a significant layer of legal protection, ensuring that franchisees are not at a disadvantage in legal proceedings with Kitchen Solvers. This protection is more robust than in some other states, where such waivers or restrictions might be enforceable.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.