Does Benjamin Franklin Plumbing waive its right to a jury trial?

According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, both the franchisor, franchisee, and the owners irrevocably waive their rights to a jury trial in any action, proceeding, or counterclaim. This means that any disputes arising between Benjamin Franklin Plumbing and its franchisees will be resolved by a judge rather than a jury.

This waiver has significant implications for prospective franchisees. Jury trials can be more unpredictable and potentially lead to larger damage awards. By agreeing to a bench trial (trial by judge), franchisees give up the right to have their case decided by a jury of their peers. 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 for franchise agreements to include jury trial waivers. Franchise systems often seek to create a more predictable and consistent legal environment. Prospective Benjamin Franklin Plumbing franchisees should carefully consider the implications of this waiver and consult with an attorney to understand their rights and options before signing the franchise agreement. Understanding the dispute resolution process is crucial for any franchisee.