Does the Minnesota Addendum ratify and affirm the Punch King Fitness Franchise Agreement in all other respects?

According to Punch King Fitness's 2024 Franchise Disclosure Document, the Minnesota Addendum does ratify and affirm the Franchise Agreement in all other respects. However, this ratification is conditional. The addendum states that each provision within it is effective only to the extent that the jurisdictional requirements of the Minnesota Franchise Law are independently met. This means that the standard Franchise Agreement remains in effect except where the Minnesota Addendum specifically modifies it to comply with Minnesota law.

Several sections of the standard agreement are modified by the Minnesota Addendum. For example, Provision XX(F) regarding claims is modified to include a three-year statute of limitations. The addendum also clarifies that Section XXII(D) does not apply to actions enforcing liabilities under the Minnesota Franchise Law and that claims arising under this law can be brought in Minnesota. Furthermore, Punch King Fitness must comply with specific Minnesota statutes regarding termination and non-renewal notices, providing franchisees with 90 days' notice of termination (with 60 days to cure) and 180 days' notice of non-renewal, except in certain specified cases.

This type of addendum is common in franchising to ensure compliance with state-specific franchise laws, which can vary significantly. Prospective Punch King Fitness franchisees in Minnesota should carefully review the entire Minnesota Addendum alongside the Franchise Agreement to understand their rights and obligations under Minnesota law. They should also seek legal counsel to ensure they fully understand the implications of these modifications.