Does the All States M.E.D. franchise agreement require a jury trial or a trial by judge for claims between parties?

According to the 2024 All States M.E.D. Franchise Disclosure Document, the standard franchise agreement includes a jury waiver. This means that in any trial regarding claims between All States M.E.D. and the franchisee, both parties agree to waive their rights to a jury trial, and the action will instead be tried by a judge. This jury waiver is part of the dispute resolution terms outlined in the franchise agreement.

However, this jury waiver does not apply to all franchisees. Specifically, the North Dakota Addendum to the Franchise Agreement states that the provisions concerning jury waiver are deleted for North Dakota franchisees. In their place, the addendum specifies that any claim against All States M.E.D. will be settled solely through arbitration before the American Arbitration Association. Similarly, the Minnesota Addendum prohibits All States M.E.D. from requiring a waiver of a jury trial.

For prospective franchisees, this means that the standard agreement includes a clause where you waive your right to a jury trial, agreeing instead to a trial by judge. However, if you are franchising in North Dakota or Minnesota, this clause is superseded by state-specific addenda that either mandate arbitration or prohibit the waiver of a jury trial. Franchisees should be aware of the dispute resolution processes and how they vary based on their location.