Are there any restrictions on waiving the right to a jury trial for a Bee Organized franchise?
Bee_Organized Franchise · 2025 FDDAnswer from 2025 FDD Document
Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring a franchisee to consent to a waiver of trial by jury are not enforceable under Section 51-19-09 of the North Dakota Franchise Investment Law."
Source: Item 23 — RECEIPTS (FDD pages 54–218)
What This Means (2025 FDD)
According to Bee Organized's 2025 Franchise Disclosure Document, there are restrictions regarding the waiver of a jury trial, specifically within the state of North Dakota. The FDD states that provisions requiring a franchisee to consent to a waiver of trial by jury are not enforceable under Section 51-19-09 of the North Dakota Franchise Investment Law. This amendment applies only to franchisees who are residents of North Dakota or if their Bee Organized business will be located within North Dakota.
This means that if a Bee Organized franchisee is located in North Dakota, they cannot be forced to waive their right to a jury trial, regardless of what the standard franchise agreement might state. This protection is written into the North Dakota Franchise Investment Law, and Bee Organized acknowledges this in their FDD through the North Dakota Franchise Agreement Amendment.
For prospective Bee Organized franchisees outside of North Dakota, the FDD does not explicitly state any restrictions on waiving the right to a jury trial. Franchise agreements often include clauses that require disputes to be settled through arbitration or other alternative dispute resolution methods, which may involve waiving the right to a jury trial. Therefore, potential franchisees outside of North Dakota should carefully review the franchise agreement and consult with an attorney to understand their rights and obligations regarding dispute resolution.