Do franchisees of Benjamin Franklin Plumbing waive their right to a jury trial?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 23.7. Waiver of Jury Trial.
We, you, and the Owners irrevocably waive trial by jury in any action, proceeding, or counterclaim.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Benjamin Franklin Plumbing franchisees, along with the franchisor and the owners, must irrevocably waive their right to a jury trial in any action, proceeding, or counterclaim. This means that any legal disputes arising between the franchisee and Benjamin Franklin Plumbing will be resolved by a judge rather than a jury. This waiver applies to all parties involved, including the franchisee, the franchisor, and the owners of the franchise.
This waiver of jury trial is a significant legal term that impacts how disputes are resolved. Franchisees should understand that they are giving up their constitutional right to have a jury decide their case. Instead, a judge will make the final determination. This can affect the cost and duration of legal proceedings, as well as the potential outcome.
Such waivers are relatively common in franchise agreements. Prospective Benjamin Franklin Plumbing franchisees should carefully consider the implications of this provision and consult with an attorney to fully understand their rights and obligations. They should also be aware that they are required to file any lawsuit against Benjamin Franklin Plumbing only in the federal district court for the district encompassing Columbia, Maryland.