In Minnesota, what obligation does Learningrx have to protect a franchisee's right to use the primary trademark, service mark, trade name, logotype or other commercial symbol?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
Minnesota Rule 2860.4400D prohibits us from requiring you to assent to a general release. The franchise disclosure document, Franchise Agreement and Area Developer Agreement are modified accordingly, to the extent required by Minnesota law.
Pursuant to Minn. Stat. Sec. 80C.12, Subd. 1(g), to the extent required by law, the Item 13 of the franchise disclosure document and sections in the Franchise Agreement and Area Developer Agreement are amended to state that we will protect your right to use the primary trademark, service mark, trade name, logotype or other commercial symbol or indemnify you from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of our primary trade name.
Pursuant to Minn. Stat. Sec. 80C.17, Subd. 5, to the extend required by law, the Franchise Agreement, Area Developer Agreement and Item 17 of the franchise disclosure document are amended to state that no action may be commenced pursuant to this section more than three years after the cause of action accrues.
No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, Minnesota Rule 2860.4400D prohibits Learningrx from requiring a franchisee to agree to a general release. The FDD, Franchise Agreement, and Area Developer Agreement are modified accordingly, as required by Minnesota law.
Specifically, pursuant to Minn. Stat. Sec. 80C.12, Subd. 1(g), Learningrx will protect a franchisee's right to use the primary trademark, service mark, trade name, logotype, or other commercial symbol, or indemnify the franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of Learningrx's primary trade name, to the extent required by law.
Additionally, pursuant to Minn. Stat. Sec. 80C.17, Subd. 5, the Franchise Agreement, Area Developer Agreement, and Item 17 of the FDD are amended to state that no action may be commenced pursuant to this section more than three years after the cause of action accrues, to the extent required by law. This addendum also clarifies that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Learningrx or its representatives. This provision supersedes any conflicting terms in other documents related to the franchise.