In Minnesota, what is the required cure period that Spray Net must provide a franchisee before termination?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 15 of the Franchise Agreement is hereby modified to add the following language:
The conditions under which this Agreement can be terminated or not renewed may be affected by Minnesota law, which provides Franchisee with certain termination and nonrenewal rights. Minnesota State Section 80C.14 Subd. 3-5, which require, except in certain specified cases, that Franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, Minnesota law affects the conditions under which the franchise agreement can be terminated. Specifically, Minnesota State Section 80C.14 Subd. 3-5 requires that Spray Net provide a franchisee with 90 days' notice of termination, with 60 days to cure the issue, except in certain specified cases. Additionally, the law mandates 180 days' notice for non-renewal of the Franchise Agreement.
This means that if Spray Net decides to terminate a franchise agreement in Minnesota (outside of the unspecified exceptions), the franchisee must receive written notice 90 days in advance. Within that 90-day period, the franchisee has 60 days to correct the issues that led to the termination notice. If the franchisee successfully addresses these issues within the 60-day cure period, Spray Net may be obligated to withdraw the termination notice.
For a prospective Spray Net franchisee in Minnesota, this addendum provides a degree of protection against abrupt or unfair termination. It ensures they have time to address any shortcomings and potentially save their franchise. However, it is important to understand what constitutes a 'specified case' where these protections do not apply, as the FDD does not elaborate on those exceptions. A potential franchisee should seek clarification from Spray Net regarding these exceptions to fully understand their rights under Minnesota law.