Does the Ben Jerrys agreement include a waiver of jury trial?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial. Specifically, both Ben Jerrys and the developer (franchisee) irrevocably waive their right to a jury trial in any legal action or proceeding against each other. This waiver applies to any claim or counterclaim, whether based in law or equity, and regardless of whether other parties are involved in the action.

This means that any disputes between Ben Jerrys and a franchisee will be resolved by a judge rather than a jury. This is a common practice in franchise agreements, as it can lead to quicker and potentially less expensive resolutions. Jury trials can be unpredictable and may result in outcomes that are not necessarily based on the strict interpretation of the contract.

By agreeing to this waiver, a prospective Ben Jerrys franchisee gives up the right to have a jury of their peers decide any legal disputes they may have with the franchisor. While this may seem like a disadvantage, it can also benefit the franchisee by potentially streamlining the legal process and reducing legal costs. Franchisees should carefully consider the implications of this waiver and consult with an attorney before signing the franchise agreement.

Additionally, in the Preliminary Agreement, Ben & Jerry's and the prospective operator also irrevocably waive trial by jury in any action or proceeding with respect to any claim, including any counterclaim, whether at law or in equity, brought by either of them against the other, whether or not there are other parties in such action or proceeding. The agreement also states that any suit, action, or proceeding with respect to the agreement shall be brought exclusively in the appropriate state or federal court of general jurisdiction within the State of Vermont, and the parties irrevocably waive any right to a jury trial in any action arising out of or in connection with the agreement or any related agreements.