Does the Big Apple Bagels agreement include a waiver of jury trial by both parties?

According to Big Apple Bagels' 2025 Franchise Disclosure Document, the franchise agreement generally includes a clause where both the franchisor and franchisee waive their right to a jury trial. Specifically, each party agrees to irrevocably waive a trial by jury for any legal action related to the agreement. However, this provision may not be enforceable under Minnesota law. For franchisees in Minnesota, the standard waiver of jury trial in Paragraph 18.f of the Big Apple Bagels Franchise Agreement is deleted in its entirety, meaning that franchisees in Minnesota do not waive their right to a jury trial.

This waiver means that any disputes arising under the franchise agreement would be resolved by a judge rather than a jury. Jury trials can be more complex and potentially more costly than bench trials (trials before a judge only). The waiver could streamline dispute resolution, but it also means the franchisee forgoes the right to have a jury of their peers decide the outcome of a case.

It is important for prospective franchisees to understand the legal implications of waiving their right to a jury trial. Franchisees should consult with an attorney to fully understand their rights and obligations under the franchise agreement, especially considering the enforceability limitations in certain states like Minnesota. This ensures that franchisees are aware of the dispute resolution process and any potential disadvantages they may face.