If I bring a claim against Best Brains, do I have to waive my right to a jury trial?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- **D.
Class Action Waiver.** You agree that any Claims you may have against us, including our past and present employees and agents, shall be brought individually and you shall not join with claims of any other person or entity or bring, join or participate in a class action against us.
- **E.
Punitive Damages Waiver.** In any lawsuit, dispute, or claim over any Claims, you and we agree to waive our rights, if any, to seek or recover punitive damages.
- **F.
Limitation of Actions.** You agree to bring any Claims against us, if at all, within one (1) year of the occurrence of the facts giving rise to such Claims.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, franchisees may be required to waive their rights to a jury trial. Specifically, in any trial of any claims against Best Brains, both the franchisee and Best Brains agree to waive their rights to a jury trial, opting instead for a trial by a judge. This waiver applies to any claims that relate to or arise out of the Franchise Agreement or any dealings between the parties.
This means that if a franchisee has a dispute with Best Brains that leads to a lawsuit, the case will be decided by a judge rather than a jury. This can have significant implications for the outcome of the case, as a judge may have different perspectives and biases than a jury of peers. Jury waivers are relatively common in franchise agreements, as they can streamline legal proceedings and potentially reduce costs for both parties. However, franchisees should carefully consider the potential impact of waiving their right to a jury trial before signing the agreement.
It's important to note that the enforceability of jury waivers can vary by state. Some states may have laws that restrict or prohibit such waivers, particularly in the context of franchise agreements. Additionally, the waiver may not be enforceable if it is found to be unconscionable or against public policy. Prospective franchisees should consult with an attorney to understand the laws in their specific jurisdiction and to assess the potential risks and benefits of agreeing to a jury waiver.
Furthermore, the Best Brains franchise agreement specifies that Illinois law governs all claims related to the agreement. The venue for any suits must be in the state and federal court nearest to Best Brains' corporate headquarters, which is located in Cook County, Illinois. However, Illinois residents or franchisees whose territory is in Illinois must bring claims in arbitration before the American Arbitration Association in the city or county where Best Brains' headquarters are located.