In North Dakota, can Bombs Away require franchisees to waive a trial by jury?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
THE SECURITIES COMMISSIONER HAS HELD THE FOLLOWING TO BE UNFAIR, UNJUST OR INEQUITABLE TO NORTH DAKOTA FRANCHISEES (NDCC SECTION 51-19-09):
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- Waiver of Trial by Jury: Requiring North Dakota Franchises to consent to the waiver of a trial by jury.
Source: Item 23 — RECEIPTS (FDD pages 36–117)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, if you are a franchisee in North Dakota, Bombs Away cannot require you to consent to waiving your right to a trial by jury. This protection is specifically outlined in the North Dakota Addendum to the disclosure document.
This means that the standard franchise agreement, which might contain a clause requiring franchisees to waive their right to a jury trial, is superseded by North Dakota state law. As a Bombs Away franchisee in North Dakota, you retain your right to a trial by jury, regardless of what the standard franchise agreement might say. This ensures that you have access to the legal protections afforded by the state in case of a dispute with Bombs Away.
This type of addendum is common in franchise agreements to ensure compliance with state-specific laws, which can vary significantly. Franchisees should always carefully review any state-specific addenda to understand their rights and obligations within their particular state.