In Minnesota, what specific franchisee rights are protected and cannot be reduced by the Spray Net Franchise Disclosure Document or agreements?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
Minnesota Statute 80C.21 and Minnesota Rule 2860.4400(j) prohibit us from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce (1) any of the franchisee's rights as provided for in Minnesota Statute 80C, or (2) franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
With respect to franchises governed by Minnesota law, we will comply with Minnesota Statute 80C.14 Subd. 3-5, which require (except in certain specified cases) that (1) a franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the franchise agreement, and (2) that consent to the transfer of the franchise will not be unreasonably withheld.
Minnesota considers it unfair to not protect the franchisee's right to use the trademarks. Refer to Minnesota Statute 80C.14 Subd. 1(G). We will protect the franchisee's right to use the trademarks, service marks, trade names, logotypes, or other commercial symbols or indemnify the franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name.
Minnesota Rules 2860.4400(D) prohibits us from requiring a franchisee to assent to a general release.
The franchisee cannot consent to us obtaining injunctive relief. We may seek injunctive relief. See Minnesota Rule 2860.4400(I) also, a court will determine if a bond is required.
The Limitations of Claims section must comply with Minnesota Statute 80C.17Subd.5.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, several franchisee rights are protected in Minnesota. Minnesota Statute 80C.21 and Minnesota Rule 2860.4400(j) prevent Spray Net from requiring litigation outside of Minnesota, enforcing jury trial waivers, or requiring franchisees to consent to liquidated damages, termination penalties, or judgment notes. Furthermore, the Franchise Disclosure Document and agreements cannot diminish any franchisee rights under Minnesota Statute 80C or their rights to procedures, forums, or remedies provided by Minnesota law.
Additionally, with respect to franchises governed by Minnesota law, Spray Net must comply with Minnesota Statute 80C.14 Subd. 3-5, which mandates that franchisees receive 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal, except in certain specified cases. Consent to the transfer of the franchise cannot be unreasonably withheld. Spray Net must also protect the franchisee's right to use trademarks, service marks, trade names, logotypes, or other commercial symbols, and indemnify the franchisee from any losses arising from claims related to the use of the name, as per Minnesota Statute 80C.14 Subd. 1(G).
Minnesota Rules 2860.4400(D) also prohibits Spray Net from requiring franchisees to agree to a general release. Franchisees cannot consent to Spray Net obtaining injunctive relief, although Spray Net may seek such relief, with a court determining if a bond is required. Finally, the Limitations of Claims section must comply with Minnesota Statute 80C.17Subd.5. These protections ensure that Minnesota Spray Net franchisees have specific legal rights that cannot be waived or reduced by the franchise agreement.