What is the purpose of the Kitchen Solvers Minnesota addendum?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, the Minnesota addendum is designed to ensure compliance with Minnesota's specific franchise statutes and regulations. This addendum modifies certain aspects of the standard Kitchen Solvers franchise agreement to align with Minnesota law, providing franchisees in the state with specific protections and rights.
Specifically, the addendum addresses areas such as termination and nonrenewal rights, stipulating that Kitchen Solvers must provide franchisees with 90 days' notice of termination (with 60 days to cure) and 180 days' notice for nonrenewal, as mandated by Minnesota law. It also ensures that franchisees' rights to litigation within Minnesota are protected, preventing Kitchen Solvers from requiring legal proceedings to occur outside the state. Additionally, the addendum addresses intellectual property by stating that Kitchen Solvers will defend against infringement claims involving the KITCHEN SOLVERS mark.
Furthermore, the addendum modifies certain clauses within the franchise agreement to ensure they do not conflict with Minnesota law. For instance, it addresses the franchisor's ability to seek injunctions and specific performance in the event of a breach, ensuring that the franchisee's rights are protected throughout any legal proceedings. The addendum also caps service charges for NSF checks at $30, in accordance with Minn. Stat. 604.113.
In practical terms, the Minnesota addendum provides Kitchen Solvers franchisees in Minnesota with a legal framework that is tailored to the state's franchise laws, offering additional security and rights beyond the standard franchise agreement. Prospective franchisees should carefully review this addendum to understand how it impacts their rights and obligations under the franchise agreement within the state of Minnesota.