Does the Better Blend franchise agreement require the franchisee to waive a trial by jury?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 2. Amendments. The Agreement (and any Guaranty Agreement) is amended to comply with the following:
- (6) Waiver of Trial by Jury: Franchisee and any Guarantor do not waive a trial by jury.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, the standard franchise agreement does not require a franchisee to waive their right to a trial by jury. However, this depends on the state where the franchise is located. Specifically, the North Dakota Rider to the Franchise Agreement explicitly states that "Franchisee and any Guarantor do not waive a trial by jury."
This means that if you are opening a Better Blend franchise in North Dakota, the franchise agreement will be amended to ensure that you retain your right to a jury trial. This protection is written into an addendum that takes precedence over any conflicting language in the standard franchise agreement.
For prospective Better Blend franchisees, this highlights the importance of carefully reviewing any state-specific riders or addenda to the franchise agreement, as these can modify the terms of the agreement and provide additional protections or impose additional obligations based on local laws. Franchisees in states other than North Dakota should consult with a legal professional to understand whether they are waiving rights to a jury trial.