What specific areas of law does the Kitchen Solvers Minnesota addendum address?
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)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, the Minnesota addendum addresses several areas of law relevant to franchising within the state. These include intellectual property rights related to the Kitchen Solvers marks, franchisee termination and nonrenewal rights, and stipulations regarding litigation, jury trials, and franchisee rights under Minnesota Statutes Chapter 80C. The addendum aims to ensure compliance with Minnesota statutes and regulations, modifying the franchise agreement where necessary to align with state law.
Specifically, Kitchen Solvers commits to defending against infringement claims involving their marks, with the franchisee's cooperation. The addendum also references Minnesota Statute § 80C.14, outlining the required notice periods for termination (90 days with 60 days to cure) and nonrenewal (180 days), except in certain cases. This provides franchisees with a degree of protection against abrupt termination or nonrenewal of their agreements.
Furthermore, the addendum addresses legal proceedings, ensuring that Kitchen Solvers cannot force franchisees into litigation outside of Minnesota, or require them to waive jury trials or consent to liquidated damages or termination penalties, as per Minn. Stat. § 80C.21 and Minn. Rule 2860.4400J. It also reinforces that no part of the franchise agreement can diminish a franchisee's rights under Minnesota Statutes, Chapter 80C. The addendum also clarifies the availability of injunctive relief and specific performance in case of breaches, along with the recovery of attorney's fees and costs.
In practical terms, the Minnesota addendum ensures that Kitchen Solvers franchisees in Minnesota receive the protections and rights mandated by Minnesota law. It modifies specific clauses in the standard franchise agreement to comply with state regulations, covering aspects from intellectual property defense to termination rights and legal proceedings. This addendum provides a more secure and legally compliant framework for franchisees operating within Minnesota.