Can a Basecamp Fitness franchisee waive their right to a jury trial?

According to Basecamp Fitness's 2025 Franchise Disclosure Document, franchisees and Basecamp Fitness both waive the right to a trial by jury. This waiver applies to all causes of action, including claims related to the enforcement or interpretation of the Franchise Agreement, allegations of state or federal statutory violations, fraud, misrepresentation, or similar causes of action. The waiver applies even if non-parties to the agreement are named as additional parties in the proceeding.

This means that any disputes arising under the franchise agreement will be resolved by a judge rather than a jury. This can have significant implications for franchisees, as juries are sometimes seen as more sympathetic to individuals than to large corporations. However, the FDD also states that for franchisees in California, this waiver of jury trial provision may not be enforceable under California law.

Additionally, the Basecamp Fitness franchise agreement requires actions to be exclusively venued in the District Courts of Minnesota, County of Ramsey, or the United State District Court for the District of Minnesota. Both parties waive any objection to the jurisdiction or venue of such court and consent to personal jurisdiction and venue in such court. However, Basecamp Fitness can bring action in the county in which the Basecamp Studio is located if they are permitted to seek injunctive relief.

It is important for prospective franchisees to understand the implications of waiving their right to a jury trial and consenting to a specific venue. Franchisees should consult with an attorney to discuss the potential risks and benefits of these provisions before signing the Franchise Agreement.