Is a waiver of jury trial allowed in the Big Air Trampoline Park Franchise Agreement?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
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- "Waiver of Jury Trial" (Section 21.1 of the Franchise Agreement) is deleted in its entirety.
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- Statute of Limitations and Waiver of Jury Trial. Provision contained int eh 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 toa jury trial, may not be enforceable.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park Franchise Disclosure Document, whether a waiver of jury trial is allowed depends on the state where the franchisee is operating. Specifically, for franchisees operating in North Dakota, the document states that "Waiver of Jury Trial" (Section 21.1 of the Franchise Agreement) is deleted in its entirety. This means that in North Dakota, franchisees are not subject to a jury trial waiver.
However, for franchisees in Washington, the FDD indicates that provisions in the franchise agreement or related agreements that unreasonably restrict or limit 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, its enforceability is questionable under Washington law.
For prospective franchisees, it is essential to understand the specific state laws that govern the franchise agreement. The enforceability and specific terms within the franchise agreement can vary significantly based on location. Therefore, franchisees should seek legal counsel to understand their rights and obligations fully, especially concerning dispute resolution and jury trials.