Does the Azal Coffee Agreement require me to waive my right to a jury trial?

According to Azal Coffee's 2024 Franchise Disclosure Document, the agreement includes a clause where the franchisee waives their right to a jury trial. Specifically, the franchisee knowingly, voluntarily, and intentionally waives any right to a trial by jury in any litigation based on or arising out of the agreement. This waiver extends to any course of conduct, dealing, statements, or actions related to the agreement.

This means that if a dispute arises between the franchisee and Azal Coffee that leads to litigation, the franchisee will not have the option of a jury trial. The case would instead be decided by a judge. The franchisee also agrees not to consolidate any action in which a jury trial has been waived with any other action where a jury trial is possible.

It's important to note that this waiver is only deemed modified or relinquished through a written instrument executed by both the franchisee and Azal Coffee. Additionally, Minnesota law prohibits franchisors from requiring a waiver of a jury trial. North Dakota also requires that franchisees cannot be required to consent to a waiver of a trial by jury. Therefore, the enforceability of this clause may depend on the franchisee's location and applicable state laws. Prospective franchisees should consult with an attorney to fully understand the implications of waiving their right to a jury trial and how it may affect their legal rights.