Is a Mr. Sandless franchisee in Minnesota required to waive their right to a jury trial?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
- Item 17 of the Disclosure Document and Article 24 of the Franchise Agreement are amended by the addition of the following language to the original language that appears therein:
"Minn. Stat. Sec. 80C.21 and 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 agreements can abrogate or reduce any of the 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 jurisdiction."
- Item 17 of the Disclosure Document and Articles 3 and 21 of the Franchise Agreement are amended by the addition of the following language to the original language that appears therein:
"Minn. Rule 2860.4400D prohibits us from requiring you to assent to a general release."
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- Any reference to liquidated damages in the Franchise Agreement is hereby deleted in accordance with Minn. Rule 2860.4400J which prohibits requiring you to consent to liquidated damages.
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- Section 24.7 of the Franchise Agreement is hereby deleted in accordance with Minn. Rule 2860.4400J which prohibits waiver of a jury trial.
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- Article 24 of the Franchise Agreement regarding Limitations of Claims is hereby amended to comply with Minn. Stat. §80C.17, Subd. 5.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 30–34)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, Minnesota franchisees are not required to waive their right to a jury trial. The FDD includes a state-specific addendum for Minnesota that amends the standard franchise agreement to comply with Minnesota law. Specifically, it states that Section 24.7 of the Franchise Agreement is deleted because it contains language that requires waiver of a jury trial. This deletion is in accordance with Minn. Rule 2860.4400J, which prohibits requiring a franchisee to consent to such a waiver.
This provision protects the rights of Mr. Sandless franchisees in Minnesota by ensuring they retain their right to a jury trial in any legal disputes with the franchisor. This is a significant benefit for franchisees, as it allows them to have their case heard by a jury of their peers rather than solely by a judge, which some may perceive as more favorable.
It is important for prospective Mr. Sandless franchisees in Minnesota to carefully review the state-specific addendum to understand how the standard franchise agreement is modified to comply with Minnesota law. This ensures that franchisees are aware of their rights and protections under the franchise agreement.