Do franchisees waive their right to a jury trial in actions arising from the Body20 franchise agreement?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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- MUTUAL WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. If, and then only to the extent, required by the Minnesota Franchises Law, Sections 16.4 and 16.5 of the Franchise Agreement are deleted.
- WAIVER OF JURY TRIAL. If, and then only to the extent, required by the North Dakota Franchise Investment Law, Section 16.4 of the Franchise Agreement is deleted.
4. MUTUAL WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. The following is added to the end of Sections 16.4 and 16.5 of the Franchise Agreement:
HOWEVER, THIS SECTION SHALL NOT ACT AS A CONDITION, STIPULATION OR PROVISION PURPORTING TO BIND ANY PERSON ACQUIRING ANY FRANCHISE TO WAIVE COMPLIANCE WITH ANY PROVISION OF THE ILLINOIS FRANCHISE DISCLOSURE ACT AT SECTION 705/41 OR ILLINOIS REGULATIONS AT SECTION 200.609.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to the 2025 Body20 Franchise Disclosure Document, the franchise agreement includes provisions regarding the waiver of jury trials, but these provisions are subject to certain state laws. Specifically, the enforceability of jury trial waivers may be limited or not enforceable under the Washington Franchise Investment Protection Act.
For franchisees in Minnesota, if required by the Minnesota Franchises Law, Sections 16.4 and 16.5 of the Franchise Agreement, which likely contain the waiver, are deleted. Similarly, in North Dakota, Section 16.4 of the Franchise Agreement is deleted if required by the North Dakota Franchise Investment Law. In Illinois, the FDD states that the waiver of compliance with any provision of the Illinois Franchise Disclosure Act is void.
These stipulations mean that a Body20 franchisee's right to a jury trial depends on the specific state laws and franchise laws in their jurisdiction. Franchisees should consult with legal counsel to understand their rights and the enforceability of any waiver of jury trial provisions in their specific circumstances.