Does the Best Brains franchise agreement include a jury waiver for claims?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
10. GOVERNING LAW.
A. Choice of Law. This Agreement is effective upon its acceptance in Illinois by our authorized officer., Illinois law governs all claims that in any way relate to or arise out of this Agreement or any of the dealings of the parties ("Claims"). However, no laws regulating the sale of franchises or governing the relationship between franchisor and franchisee shall apply unless the jurisdictional requirements of such laws are met independently of this paragraph.
- **B.
Jurisdiction and Venue.** In any suit over any Claims, venue shall be proper solely in the state and federal court nearest to our corporate headquarters, presently located in Cook County, Illinois.
However, if you are an Illinois resident or your franchise territory is located in Illinois, you agree to bring any Claims, if at all, solely in arbitration before the American Arbitration Association in the city or county where our corporate headquarters are located.
- **C.
Jury Waiver.** In any trial of any Claims, you and we agree to waive our rights to a jury trial and instead have such action tried by a judge.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the franchise agreement includes a jury waiver. Specifically, the agreement states that both the franchisee and Best Brains agree to waive their rights to a jury trial for any claims and instead have the action tried by a judge. This means that any disputes arising from the franchise agreement will be decided by a judge rather than a jury.
This jury waiver has significant implications for prospective Best Brains franchisees. By agreeing to the waiver, franchisees give up their right to have a jury of their peers hear their case. Jury trials can be more unpredictable than bench trials (trials before a judge), as juries may be swayed by emotions or other factors that are not strictly relevant to the legal issues at hand. A judge is generally expected to be more impartial and to base their decision solely on the law and the evidence presented.
However, waiving the right to a jury trial also means that franchisees lose the potential advantage of having a jury sympathetic to their situation, especially in cases where the franchisee is an individual and Best Brains is a large corporation. It is important for prospective franchisees to carefully consider the implications of this waiver and to consult with an attorney to understand their rights and options.
It's worth noting that the North Dakota Addendum explicitly deletes the jury waiver provision for franchisees in that state, substituting it with a requirement for arbitration. Similarly, the Washington Addendum indicates that jury trial waivers may not be enforceable under the Washington Franchise Investment Protection Act. These state-specific modifications highlight the importance of reviewing any addenda to the franchise agreement that may apply based on the franchisee's location.