Does Washington law permit Best Brains to include provisions in its franchise agreement that require franchisees to waive their right to a jury trial?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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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 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, Washington state law places restrictions on provisions within the franchise agreement that might compel franchisees to waive their right to a jury trial. Specifically, such provisions may not be enforceable if they unreasonably restrict or limit rights or remedies under the Washington Franchise Investment Protection Act, which includes the right to a jury trial.
This means that Best Brains franchisees in Washington may retain their right to a jury trial, despite any potentially conflicting language in the franchise agreement. The enforceability of a waiver depends on whether the restriction is deemed unreasonable under Washington law.
Prospective Best Brains franchisees in Washington should be aware of this protection, ensuring they understand their rights under the Washington Franchise Investment Protection Act. It would be prudent to consult with a legal professional to fully understand the implications of any waiver clauses and their enforceability within the context of Washington state law.