Does the Best Brains franchise agreement include a jury waiver?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- The provisions concerning choice of law, jurisdiction and venue, jury waiver, and waiver of punitive damages are hereby deleted and in their place is substituted the following language:
"You agree to bring any claim against us, including our present and former employees, agents, and affiliates, which in any way relates to or arises out of this Agreement, or any of the dealings of the parties hereto, solely in arbitration before the American Arbitration Association."
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, the standard franchise agreement includes a jury waiver. However, this provision is subject to change based on state-specific addenda. For instance, the North Dakota addendum explicitly removes the jury waiver, substituting it with a requirement for arbitration through the American Arbitration Association. This indicates that the enforceability and presence of a jury waiver can vary depending on the franchisee's location. Prospective franchisees should carefully review any state-specific addenda to understand their rights regarding dispute resolution.
For franchisees in states where the jury waiver is enforced, disputes would be resolved by a judge rather than a jury. This can impact the legal strategy and potential outcomes of any legal conflicts with Best Brains. Jury waivers are relatively common in franchise agreements, as they can offer more predictable and potentially quicker resolutions. However, franchisees give up the right to have their case heard by a jury of their peers, which some may see as a disadvantage.
Given the variability introduced by state addenda, it is essential for potential Best Brains franchisees to consult with a legal professional to fully understand the implications of the dispute resolution process in their specific state. This consultation should clarify whether a jury waiver applies and how it might affect their legal rights and options under the franchise agreement. Understanding these details is crucial for making an informed decision about investing in a Best Brains franchise.