In legal actions between Ben Jerrys and the OPERATOR, is there a waiver of jury trial?

According to Ben Jerrys's 2025 Franchise Disclosure Document, both Ben & Jerry's and the operator (franchisee) irrevocably waive their right to a jury trial in any legal action or proceeding against each other. This waiver applies to any claim, including counterclaims, whether based in law or equity, 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 waiver is a significant legal provision that franchisees should carefully consider. Jury trials can be more unpredictable and potentially more costly than bench trials (trials before a judge). By agreeing to waive a jury trial, franchisees give up the right to have their case decided by a panel of citizens. This could be seen as a disadvantage, as a judge may be more familiar with franchise law and potentially more sympathetic to the franchisor's position.

It is common in franchise agreements to include a jury trial waiver. Franchise agreements are contracts of adhesion, meaning they are drafted by one party (the franchisor) and presented to the other party (the franchisee) on a take-it-or-leave-it basis. While such waivers are generally enforceable, a franchisee should consult with an attorney to fully understand the implications of waiving their right to a jury trial.

In addition to the operator, Ben Jerrys also includes a similar waiver of jury trial with the guarantor and developer in the franchise agreement.