Do both Ben Jerrys and the developer waive trial by jury in any action or proceeding?

According to Ben Jerrys's 2025 Franchise Disclosure Document, both Ben Jerrys and the developer (or prospective operator) irrevocably waive their right to a trial by jury. This waiver applies to any action or proceeding, including counterclaims, whether based in law or equity. The waiver is in effect whether or not other parties are involved in the action or proceeding.

This means that any disputes between Ben Jerrys and a franchisee will be resolved by a judge rather than a jury. This can have significant implications for franchisees, as they may prefer a jury trial in certain situations. Jury trials are often seen as more unpredictable, which can be an advantage or disadvantage depending on the specific circumstances of the case.

It is important for prospective Ben Jerrys franchisees to understand the implications of this jury trial waiver before signing the franchise agreement. Franchisees should consult with an attorney to discuss the potential risks and benefits of waiving their right to a jury trial. This type of clause is relatively common in franchise agreements, but its impact should be carefully considered.

Additionally, in a separate agreement, the "Preliminary Agreement", Ben & Jerry's and the prospective operator also 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.