Has the waiver of trial by jury been removed from Section 20.04(a) of the Brain Balance Franchise Agreement?

According to the 2025 Brain Balance Franchise Disclosure Document, Section 20.04(a) of the Franchise Agreement has been amended to remove the waiver of trial by jury. This change means that franchisees are no longer required to waive their right to a jury trial in disputes arising under the Franchise Agreement. This amendment provides franchisees with the option to pursue legal action through a jury trial if they so choose.

This modification is favorable for prospective Brain Balance franchisees as it provides an additional layer of legal protection. Franchise agreements often contain clauses that limit a franchisee's legal recourse, so the removal of this waiver gives franchisees more options in resolving disputes with the franchisor. It aligns with a trend in franchise law towards protecting franchisee rights and ensuring a fairer balance of power between franchisors and franchisees.

It is important for prospective franchisees to carefully review the entire Franchise Agreement and any addenda to fully understand their rights and obligations. While the waiver of trial by jury has been removed, other provisions may still impact the resolution of disputes. Consulting with a franchise attorney is advisable to ensure a complete understanding of the legal implications of the agreement.