Does the Bor Restoration franchise agreement waive the right to a jury trial?

According to Bor Restoration's 2024 Franchise Disclosure Document, the franchise agreement includes a waiver of the right to a jury trial. Franchisees and Bor Restoration agree to instead use alternative dispute resolution methods outlined in Article 16 of the agreement. This means that any disputes arising under the franchise agreement will not be resolved through a traditional court trial with a jury.

Instead, Bor Restoration's franchise agreement stipulates that disputes will be resolved through face-to-face meetings, mediation, and binding arbitration. The FDD notes that these alternative methods may be less formal than a court or jury trial and may involve different rules of procedure and evidence. Additionally, the appeal process may be more limited, and the costs associated with mediation and arbitration could be substantially higher than those of civil litigation.

This jury trial waiver and mandatory arbitration clause is a common practice in franchising. It is important for prospective Bor Restoration franchisees to understand the implications of waiving their right to a jury trial, including the potential for higher dispute resolution costs and a less formal process. Franchisees should carefully review Article 16 of the franchise agreement to fully understand the dispute resolution process.