In Minnesota, can Mr. Sandless require litigation to be conducted outside of Minnesota?
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."
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 Statute Section 80C.21 and Rule 2860.4400J prohibit Mr. Sandless from requiring litigation to be conducted outside of Minnesota. This protection ensures that franchisees in Minnesota are not forced to litigate disputes in a potentially distant or inconvenient forum.
This statute also prevents Mr. Sandless from requiring a franchisee to waive their right to a jury trial or consent to liquidated damages, termination penalties, or judgment notes. Furthermore, the franchise agreement cannot reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided by the laws of the jurisdiction.
In practical terms, this means that if a Mr. Sandless franchisee in Minnesota has a legal dispute with the company, they generally have the right to have the case heard in Minnesota, under Minnesota law, and with all the protections afforded by Minnesota law. This addendum ensures that Minnesota franchisees retain all rights and remedies available to them under Minnesota law, regardless of what the standard franchise agreement might otherwise stipulate.