Does a Buildingstars franchisee have the right to a jury trial regarding disputes arising from the franchise agreement?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THEM RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP OF THE PARTIES.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, franchisees do not have the right to a jury trial regarding disputes. The FDD explicitly states that both Buildingstars and the franchisee waive their right to a trial by jury for any legal actions related to the franchise agreement or their relationship. This means that any disputes will be resolved by a judge, not a jury.
This waiver is a significant legal consideration for prospective franchisees. Jury trials can be more unpredictable and potentially more costly than bench trials (trials before a judge). By agreeing to this waiver, franchisees give up the opportunity to have their case decided by a jury of their peers. This is a common practice in franchise agreements, where franchisors often seek to streamline dispute resolution and maintain more control over the outcome.
In addition to waiving the right to a jury trial, the Buildingstars franchise agreement also includes a binding arbitration provision. While the excerpt does not detail the arbitration process, it indicates that disputes may be resolved through arbitration. Franchisees should carefully consider the implications of waiving their right to a jury trial and agreeing to arbitration, as these provisions can significantly impact their ability to seek legal recourse against Buildingstars.