Are there any circumstances where a Best Brains franchisee might be required to waive their right to a jury trial?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
NORTH DAKOTA ADDENDUM TO THE DISCLOSURE DOCUMENT
As to franchises governed by the North Dakota franchise laws, if any of the terms of the Disclosure Document are inconsistent with the terms below, the terms below control.
Waiver of Trial by Jury: Any waiver of a trial by jury will not apply to North Dakota Franchises.
MINNESOTA ADDENDUM TO THE DISCLOSURE DOCUMENT
As to franchises governed by the Minnesota franchise laws, if any of the terms of the Disclosure Document are inconsistent with the terms below, the terms below control.
Minn. Stat. §80C.21 and Minn. Rule 2860.4400(J) prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes.
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- Statute of Limitations and Waiver of Jury Trial. Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 42)
What This Means (2025 FDD)
According to Best Brains's 2025 Franchise Disclosure Document, the circumstances regarding a franchisee waiving their right to a jury trial depend on the state laws governing the franchise agreement. For instance, in North Dakota, any waiver of a trial by jury will not apply to Best Brains franchises within that state. Similarly, Minnesota law prohibits Best Brains from requiring franchisees to waive a jury trial.
However, the FDD also indicates that provisions in the franchise agreement that unreasonably restrict rights or remedies, such as the right to a jury trial, may not be enforceable under the Washington Franchise Investment Protection Act. This suggests that while the agreement might contain a waiver, its enforceability is subject to legal scrutiny.
Therefore, a Best Brains franchisee's obligation to waive their right to a jury trial is not absolute and is contingent on the specific state laws and the interpretation of what constitutes an unreasonable restriction. Prospective franchisees should consult with legal counsel to understand their rights and the enforceability of any waiver clauses in their specific jurisdiction.