Minnesota Statutes

Minn. Stat. § 363A.31 (2026)

Limitations On Waiver

✓ current as of May 2026

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Subdivision 1.Prospective waiver prohibited.

Any provision, whether oral or written, of a lease, contract, or other agreement or instrument which purports to be a waiver by an individual of any right or remedy provided in this chapter is contrary to public policy and void if the waiver or release purports to waive claims arising out of acts or practices which occur after the execution of the waiver or release.

[See Note.]

Subd. 2.Rescission of waiver.

A waiver or release of rights or remedies secured by this chapter which purports to apply to claims arising out of acts or practices prior to, or concurrent with, the execution of the waiver or release may be rescinded within 15 calendar days of its execution, except that a waiver or release given in settlement of a claim filed with the department or with another administrative agency or judicial body is valid and final upon execution. A waiving or releasing party shall be informed in writing of the right to rescind the waiver or release. To be effective, the rescission must be in writing and delivered to the waived or released party by hand, electronically with the receiving party's consent, or by mail within the 15-day period. If delivered by mail, the rescission must be:

(1) postmarked within the 15-day period;

(2) properly addressed to the waived or released party; and

(3) sent by certified mail return receipt requested.

Notes of Decisions

Cited in 3 cases, 2005–2009 · leading case: Chappell v. Butterfield-odin Sch. Dist. No. 836, 673 F. Supp. 2d 818 (D. Minnesota 2009).

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Chappell v. Butterfield-odin Sch. Dist. No. 836, 673 F. Supp. 2d 818 (D. Minnesota 2009). · cites it 4× “031 was renumbered Minn.Stat. § 363A.31 in 2003. This statute applies only to claims under the MHRA.”

Siebert v. Amateur Athletic Union of United States, Inc., 422 F. Supp. 2d 1033 (D. Minnesota 2006). · cites it 2× “Even if the MHRA can be read to void agreements to arbitrate MHRA claims, see Minn.Stat. §§ 363A.31, 363A.33 subd. 1 (2004), the MHRA is preempted by the FAA.”

A.J. Lights, LLC v. Synergy Design Grp., Inc., 690 N.W.2d 567 (Minn. Ct. App. 2005). · cites it 2× “28, subdivision 10, the procedure herein provided shall, while pending, be exclusive”); Minn.Stat. § 363A.31, subd. 1 (Supp. 2003) (prohibiting parties from agreeing to arbitrate).”

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