Does Bombs Away require North Dakota franchisees to waive a trial by jury?

According to Bombs Away's 2024 Franchise Disclosure Document, the North Dakota Addendum specifies certain provisions that the Securities Commissioner considers unfair, unjust, or inequitable to North Dakota franchisees. One of these provisions includes requiring North Dakota franchisees to consent to the waiver of a trial by jury. This means that Bombs Away's standard franchise agreement might contain a clause that asks franchisees to waive their right to a jury trial, but this requirement is flagged as potentially problematic under North Dakota law.

This addendum serves as a protective measure for franchisees in North Dakota, ensuring that they are aware of specific clauses in the franchise agreement that may not be fully enforceable or are viewed unfavorably by the state's regulatory body. It suggests that North Dakota franchisees should be particularly cautious about any agreement terms that involve waiving their right to a trial by jury, as such waivers are viewed critically by the North Dakota Securities Commissioner.

For a prospective Bombs Away franchisee in North Dakota, this information is crucial. It highlights the importance of carefully reviewing the franchise agreement with legal counsel to understand which clauses might be affected by state law. While the standard agreement might include certain requirements, the North Dakota Addendum indicates that some of these requirements may not be enforceable in the state, offering a degree of protection to the franchisee.