Does the Bft franchise agreement include a waiver of jury trial?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
16.8 WAIVER OF JURY TRIAL. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR EQUITY, REGARDLESS OF WHICH PARTY BRINGS SUIT.
THIS WAIVER SHALL APPLY TO ANY MATTER WHATSOEVER BETWEEN THE PARTIES HERETO WHICH ARISES OUT OF OR IS RELATED IN ANY WAY TO THIS AGREEMENT, THE PERFORMANCE OF EITHER PARTY, AND/OR FRANCHISEE'S PURCHASE FROM FRANCHISOR OF THE FRANCHISE AND/OR ANY GOODS OR SERVICES.
- 16.9 WAIVER OF CLASS ACTIONS. THE PARTIES AGREE THAT ALL PROCEEDINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE OPERATIONS OF THE STUDIO, WILL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE BASIS, AND THAT ANY PROCEEDING BETWEEN FRANCHISEE, FRANCHISEE'S GUARANTORS AND FRANCHISOR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, OWNERS, OR EMPLOYEES MAY NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDING BETWEEN FRANCHISOR AND ANY OTHER THIRD-PARTY.
The Parties expressly waive the right to have any claim or dispute brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration.
The Parties also expressly waive the right to seek, recover, or obtain any non-individual relief.
Notwithstanding anything else in this Agreement, this Section does not prevent the Parties from participating in a classwide, collective, and/or representative settlement of claims.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to the 2025 Bft Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial. The agreement states that both Bft and the franchisee waive their rights to a jury trial for any legal actions related to the franchise agreement. This waiver applies regardless of which party initiates the lawsuit and covers all matters related to the agreement, the performance of either party, and the franchisee's purchase of the franchise, goods, or services from Bft.
This means that any disputes arising between Bft and the franchisee will be resolved by a judge rather than a jury. This can have significant implications for franchisees, as jury trials are sometimes seen as more favorable to individuals than bench trials. By agreeing to this waiver, franchisees give up the right to have their case heard by a jury of their peers.
Additionally, the Bft franchise agreement includes a waiver of class actions, requiring that all proceedings be conducted on an individual basis. Franchisees also waive the right to seek or obtain any non-individual relief. However, this section does not prevent parties from participating in a class-wide, collective, and/or representative settlement of claims.
It is important for prospective Bft franchisees to carefully consider the implications of these waivers before signing the franchise agreement, as they significantly affect the franchisee's legal rights and options in case of a dispute with Bft.