Does the Bens Soft Pretzels franchise agreement include a jury waiver?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement requires the franchisee to consent to a waiver of trial by jury. That requirement will not apply to North Dakota franchisees and is deemed deleted in each place it appears in the Disclosure Document and Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the franchise agreement includes a jury waiver. However, this waiver does not apply to franchisees in North Dakota.
Specifically, the North Dakota Addendum to the Franchise Disclosure Document states that the requirement for franchisees to consent to a waiver of trial by jury is not applicable to North Dakota franchisees. This provision is considered deleted in all locations where it appears within the Disclosure Document and the Franchise Agreement for franchisees in North Dakota.
This means that, in general, a Bens Soft Pretzels franchisee may be waiving their right to a jury trial. However, prospective franchisees in North Dakota retain their right to a jury trial, regardless of any provision in the standard franchise agreement. Franchisees should consult with a legal professional to fully understand the implications of these clauses in their specific state.