In litigation authorized or contemplated by the Bonchon Franchise Agreement, do the parties waive their rights 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.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, both parties to the Franchise Agreement explicitly waive their rights to a jury trial in any litigation authorized or contemplated by the agreement. This means that any disputes arising under the agreement will be resolved by a judge rather than a jury. This waiver is mutual, applying equally to Bonchon and the franchisee.
For a prospective franchisee, this means that if a dispute arises with Bonchon that leads to litigation, the case will be decided by a judge. Jury trials can be more unpredictable and potentially lead to higher costs due to the length of the proceedings. By waiving the right to a jury trial, both parties agree to a potentially more streamlined and predictable legal process.
It is important for a potential Bonchon franchisee to understand the implications of waiving this right. While it may offer a more efficient resolution, it also means foregoing the opportunity to have a jury of peers decide the outcome of the case. Franchise agreements often contain such waivers, so this is not unusual, but it is crucial to consider the potential impact before signing the agreement.