Does the Bambu Guaranty include a waiver of the right to a trial by jury?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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- HE OR SHE WAIVES HIS OR HER RIGHT TO A TRIAL BY JURY.
IN WITNESS WHEREOF, each of the undersigned has affixed his or her signature effective on the same day and year as the Agreement was executed.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, the Guaranty includes a waiver of the right to a trial by jury. Specifically, the guarantor waives their right to a trial by jury. Additionally, the governing law, venue, jurisdiction, injunctive relief, limitations on remedies and attorneys' fee provisions contained in Article 23 and Section 24.6 of the Franchise Agreement govern the Guaranty.
This means that anyone signing the Guaranty on behalf of the franchisee, such as a spouse or business partner, gives up their right to a jury trial in any legal disputes related to the guaranty. Instead, disputes would likely be resolved through a judge or alternative dispute resolution methods like arbitration, as specified in the franchise agreement. This is a significant legal right to waive, as a jury trial can sometimes be more favorable depending on the specific circumstances of a case.
It is important for potential franchisees and their guarantors to carefully consider the implications of waiving their right to a jury trial. They should consult with an attorney to understand the potential consequences before signing the Franchise Agreement and Guaranty. Franchisees should also be aware of any state-specific riders that may modify or restrict the enforcement of these waivers, as seen in the examples for Minnesota, New York and North Dakota.