When is each provision of the Minnesota Addendum to the Punch King Fitness Franchise Agreement effective?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Section XXIII(D) does not apply to any action to enforce any liability created by the Minnesota Franchise Law. Any claim arising under the Minnesota Franchise Law may be brought in the state of North Dakota.
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- The parties are signing this addendum simultaneously with the Franchise Agreement to which it is attached.
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
Based on the 2024 Punch King Fitness Franchise Disclosure Document, there is no Minnesota Addendum included in the provided excerpts. However, the North Dakota Addendum includes a clause relating to the Minnesota Franchise Law. Specifically, Section XXIII(D) of the North Dakota Addendum states that it does not apply to any action to enforce any liability created by the Minnesota Franchise Law and that any claim arising under the Minnesota Franchise Law may be brought in the state of North Dakota.
Without a specific Minnesota Addendum, it's difficult to determine when its provisions would be effective. Generally, addenda to franchise agreements are effective upon signing, as seen in the Indiana Addendum, which states that the parties are signing the addendum concurrently with the Franchise Agreement. Other addenda included in the FDD, such as those for Wisconsin, North Dakota, Rhode Island, and Hawaii, primarily focus on ensuring compliance with state-specific franchise laws.
A prospective Punch King Fitness franchisee in Minnesota should inquire directly with the franchisor about the existence of a Minnesota-specific addendum and its effective date. They should also seek legal counsel to understand how Minnesota's franchise laws impact their agreement, especially regarding dispute resolution and enforcement, given the reference to Minnesota law within the North Dakota Addendum.