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If an Mrcool franchisee executes a Development Agreement, how is Section 7.10 of that agreement supplemented regarding 'Waiver of Jury Trial' in relation to the Minnesota Franchise Act?

Mrcool Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Article 18.K. of the Franchise Agreement, and if Franchisee executes a Development Agreement, Section 7.10 of the Development Agreement, under the heading "Waiver of Jury Trial", shall be supplemented by the addition of the following statement at the end of the sentence contained in Article 18.K. of the Franchise Agreement and Section 7.10 of the Development Agreement:
    • ; except that nothing in this Agreement should be considered a waiver of any right conferred upon Franchisee by the Minnesota Franchise Act.

Source: Item 23 — RECEIPTS (FDD pages 55–263)

What This Means (2025 FDD)

According to Mrcool's 2025 Franchise Disclosure Document, if a franchisee in Minnesota signs a Development Agreement, Section 7.10 of that agreement, which addresses the 'Waiver of Jury Trial,' is supplemented. The supplement ensures that nothing in the agreement should be interpreted as a waiver of any rights granted to the franchisee under the Minnesota Franchise Act. This amendment is specifically designed to comply with the Minnesota Franchise Act.

This means that while the standard Mrcool Development Agreement might contain a clause suggesting a waiver of jury trial, this clause is explicitly overridden by the Minnesota amendment to protect the franchisee's rights under Minnesota law. The franchisee retains the right to a jury trial for claims arising under the Minnesota Franchise Act, regardless of what the standard agreement says.

For a prospective Mrcool franchisee in Minnesota, this is a beneficial provision. It ensures that they do not unknowingly give up their right to a jury trial for disputes related to the franchise agreement and the Minnesota Franchise Act. This protection is particularly important because franchise laws are designed to protect franchisees from potential overreach by franchisors, and this amendment reinforces that protection.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.