Is the waiver of a jury trial by the parties knowing, voluntary, and irrevocable for Amerispec Inspection Services?

According to Amerispec Inspection Services's 2025 Franchise Disclosure Document, both the franchisor and franchisee knowingly, voluntarily, and irrevocably waive their rights to a jury trial for any covered dispute. This means that any legal disputes arising under the franchise agreement will be resolved by a judge rather than a jury. This waiver is mutual, applying equally to Amerispec Inspection Services and the franchisee.

However, it's important to note an addendum for franchisees in North Dakota. According to the addendum, the North Dakota Securities Commissioner has determined that requiring franchisees to consent to a waiver of a jury trial is unfair, unjust, or inequitable under North Dakota Franchise Investment Law. Therefore, for franchises sold in North Dakota, both the franchisor and franchisee will be allowed the option of a jury trial.

For prospective franchisees outside of North Dakota, understanding the implications of waiving the right to a jury trial is crucial. Jury trials can be more unpredictable and potentially lead to higher costs due to the length of proceedings. Bench trials (trials before a judge) are often perceived as more efficient and predictable, but the outcome rests solely on the judge's decision. Franchisees should carefully consider this waiver and consult with an attorney to understand the potential impact on their legal rights and options.