Are there any circumstances under which a Best Brains franchisee can waive their right to a jury trial?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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 ability of a franchisee to waive their right to a jury trial is restricted in certain states. Specifically, for franchises governed by North Dakota law, any waiver of a trial by jury will not apply. Similarly, in Minnesota, the franchisor is prohibited from requiring a waiver of a jury trial, as per Minn. Stat. §80C.21 and Minn. Rule 2860.4400(J).
In Washington, provisions in the franchise agreement that restrict rights or remedies under the Washington Franchise Investment Protection Act, such as the right to a jury trial, may not be enforceable. This suggests that while a waiver might be present in the agreement, its enforceability is questionable under Washington law.
For prospective Best Brains franchisees, this means that the enforceability of a jury trial waiver depends heavily on the state in which the franchise operates. Franchisees in North Dakota and Minnesota have stronger protections against such waivers, while those in Washington may find the waiver unenforceable. Franchisees should consult with legal counsel to understand their rights fully, considering the specific laws of their state.