In the event a claim may be brought in court, do Bambu and the franchisee waive their rights to a trial by jury?

According to Bambu's 2025 Franchise Disclosure Document, both Bambu and the franchisee, along with their respective affiliates, waive their rights to a trial by jury if a claim is brought in court. This waiver applies to any legal proceeding not subject to mandatory arbitration. This means that if a dispute between Bambu and a franchisee goes to court instead of arbitration, both parties agree to have the case decided by a judge rather than a jury.

This waiver of jury trial has significant implications for a prospective Bambu franchisee. Jury trials can be more unpredictable and potentially lead to higher damage awards. By agreeing to a bench trial (trial by judge), the franchisee gives up the right to have their case decided by a jury of their peers. This could be seen as a disadvantage, as a judge might be more familiar with business and franchise law, potentially favoring Bambu. However, it could also be an advantage, as a judge may be less swayed by emotions or biases that could influence a jury.

It is important for a prospective Bambu franchisee to understand the implications of waiving their right to a jury trial. They should consider the potential benefits and drawbacks of this provision and consult with an attorney to determine whether it is in their best interest to agree to it. This type of clause is relatively common in franchise agreements, but its impact can vary depending on the specific circumstances of any legal dispute that may arise.