In Minnesota, what is the required notice period for Spray Net to provide a franchisee for termination, assuming the franchisee has an opportunity to cure?
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 Statute 80C.14 Subd. 3-5 requires Spray Net to provide a franchisee with 90 days' notice of termination, along with 60 days to cure the issue, except in certain specified cases. This statute also mandates that 180 days' notice be given for non-renewal of the franchise agreement.
This means that if Spray Net decides to terminate a franchise agreement in Minnesota (excluding specific exceptions), they must give the franchisee written notice at least 90 days in advance. During this 90-day period, the franchisee has 60 days to correct the issue that led to the termination notice. If the franchisee successfully addresses the problem within this cure period, Spray Net cannot terminate the agreement.
This Minnesota addendum provides significant protection to Spray Net franchisees in the state, ensuring they have ample time to address any issues before the franchise can be terminated or not renewed. It is important to note that there may be 'certain specified cases' where these notice and cure periods do not apply, but the FDD does not elaborate on what those cases are. A prospective franchisee should seek clarification from Spray Net regarding these exceptions.