factual

Can Azal Coffee require North Dakota franchisees to waive a trial by jury?

Azal_Coffee Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (f) Waiver of Trial by Jury: Requiring North Dakota franchises to consent to a waiver of a trial by jury.

THE SECURITIES COMMISSIONER HAS HELD THE FOLLOWING TO BE UNFAIR, UNJUST OR INEQUITABLE TO NORTH DAKOTA FRANCHISEES (SECTION 51-19-09, N.D.C.C.):

Source: Item 23 — RECEIPTS (FDD pages 51–204)

What This Means (2024 FDD)

According to Azal Coffee's 2024 Franchise Disclosure Document, the Securities Commissioner of North Dakota has determined that requiring North Dakota franchisees to consent to a waiver of a trial by jury is considered unfair, unjust, or inequitable. This determination is made under Section 51-19-09 of the North Dakota Century Code.

This means that Azal Coffee cannot enforce a clause in its franchise agreement that forces a franchisee in North Dakota to waive their right to a trial by jury. This protection is in place to ensure that franchisees in North Dakota have full legal recourse in the event of a dispute with Azal Coffee.

Prospective franchisees in North Dakota should be aware of this protection, as it ensures they retain their right to a jury trial, despite any potentially conflicting language in the franchise agreement. This provision aims to balance the power dynamic between the franchisor and franchisee, providing franchisees with a fundamental legal right.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.