Does the Ben Jerrys agreement allow for a waiver of jury trial, and are there any exceptions?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial. Specifically, Ben Jerrys and the operator (franchisee) irrevocably waive their right to a jury trial in any action or proceeding, including counterclaims, whether at law or in equity. This waiver applies to actions brought by either party against the other, regardless of whether other parties are involved in the action.

However, this waiver is not absolute. For franchisees in Minnesota, there is an exception: the waiver of jury trial does not apply to actions that arise under the Minnesota Franchise Law and the rules and regulations promulgated by the Minnesota Commissioner of Commerce. This means that if a Ben Jerrys franchisee in Minnesota brings a claim under Minnesota franchise law, they retain their right to a jury trial.

This jury trial waiver and its exception are important for prospective franchisees to understand. By agreeing to the franchise agreement, franchisees generally give up their right to have disputes decided by a jury, which could impact the strategy and cost of resolving legal conflicts with Ben Jerrys. The exception for Minnesota franchisees provides a specific carve-out, preserving their jury trial rights for claims under Minnesota franchise law. Franchisees should consult with an attorney to fully understand the implications of these provisions.