Does the Bojangles franchise agreement include a waiver of the right to a jury trial?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- F. THE PARTIES WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT OR CLAIM OF ANY PUNITIVE OR EXEMPLARY DAMAGES AGAINST EACH OTHER AND AGREE THAT, IN THE EVENT OF A DISPUTE BETWEEN THEM, EACH SHALL BE LIMITED TO THE RECOVERY OF ACTUAL DAMAGES SUSTAINED BY IT.
- G. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO PARTICIPATE IN, ANY CLASS, REPRESENTATIVE OR COLLECTIVE ACTION MATTERS, AS A CLASS REPRESENTATIVE, CLASS MEMBER OR AN OPT-IN PARTY, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR ENTITY, AGAINST THE OTHER PARTY.
- H. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, AND/OR COUNTERCLAIM BROUGHT BY EITHER PARTY.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of the right to a jury trial. The agreement states that both parties irrevocably waive, to the fullest extent permitted by law, the right to a trial by jury in any action, proceeding, and/or counterclaim brought by either party. This means that any disputes arising between Bojangles and the franchisee will be resolved by a judge rather than a jury.
This waiver is a significant legal provision that impacts how disputes are resolved. Franchisees should understand that by agreeing to this clause, they are giving up their right to have a jury decide their case. Jury trials can be more advantageous for franchisees in certain situations, as they allow for a decision by a group of peers rather than a single judge.
It is common for franchise agreements to include clauses that address dispute resolution, including waivers of jury trials and requirements for arbitration. Prospective franchisees should carefully review these clauses with legal counsel to understand the implications and potential impact on their rights. The waiver applies to the fullest extent permitted by law, which suggests there might be some legal limitations depending on the specific jurisdiction.