To what extent does Bonchon waive its right to a jury trial?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
A. The parties to this Agreement (as denominated in Section 32.04) explicitly waive their respective rights to a jury trial in any litigation between them which is authorized or contemplated by
this Agreement, and hereby stipulate that any such trial shall occur without a jury.
B. You, your Guarantors and your other Indemnitees hereby irrevocably waive, to the fullest extent permitted by law, any right to or claim for any punitive, exemplary, incidental, indirect, special, consequential or other similar damages in any action or proceeding whatsoever between the parties to this Agreement (as defined in Section 32.04) and/or any of their affiliates, and you and such others covenant never to advance or pursue any such claim for punitive damages. You and such others agree that in the event of a dispute, you and such others shall be limited to the recovery from the Indemnitees of any actual damages sustained by you or them. You covenant to secure from any Franchisee Party which does not execute this Agreement his/her/its execution of a writing specified by us, in the Manuals or otherwise, irrevocably confirming the applicability to them of the provisions of this Section 32.05, in such manner and by such time we reasonably specify.
32.06 No Consolidated or Class Actions
You and the other Franchisee Parties may only pursue any claim you have against us or the other Indemnitees in an individual legal action or proceeding. Neither you nor any other Franchisee Party shall join or combine its/their legal action or proceeding in any manner with any action or claim of any other Bonchon franchisee, franchise owner, franchisee guarantor, or other claimant, nor will you or any other Franchisee Party maintain any action or proceeding against us and the other Indemnitees in a class action, whether as a representative or as a member of a class or purported class, nor will you or any other Franchisee Party seek to consolidate, or consent to the consolidation of, all or part of any action or proceeding by any of them against us or the other Indemnitees with any other litigation against us or such other Indemnitees.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, both Bonchon and the franchisee explicitly waive their rights to a jury trial in any litigation authorized or contemplated by the franchise agreement. This means that any disputes between Bonchon and the franchisee will be resolved by a judge without a jury.
Furthermore, the franchisee, their guarantors, and indemnitees also waive their rights to claim punitive, exemplary, incidental, indirect, special, consequential, or other similar damages in any action or proceeding against Bonchon or its affiliates. The franchisee's recovery is limited to actual damages sustained. The franchisee must also ensure that any Franchisee Party who does not execute the agreement confirms in writing that these provisions apply to them.
Additionally, franchisees can only pursue claims against Bonchon in individual legal actions. Franchisees are prohibited from joining or combining their legal actions with those of other Bonchon franchisees or claimants, and they cannot maintain class action lawsuits against Bonchon. They also cannot consolidate or consent to the consolidation of any action against Bonchon with other litigation against them. This section outlines the scope of the jury trial waiver and the limitations on the types of damages and legal actions a franchisee can pursue against Bonchon.