Does a franchisee waive the right to a jury trial in disputes with Buildingstars related to 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 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, franchisees waive their right to a jury trial for any legal actions related to the franchise agreement or their relationship with Buildingstars. This means that any disputes arising from the agreement will be resolved by a judge rather than a jury. This waiver covers all actions, proceedings, or counterclaims brought by either Buildingstars or the franchisee.
This jury trial waiver is a significant legal provision. Franchisees should understand that they are giving up the right to have a jury of their peers decide the outcome of any legal dispute with Buildingstars. Jury trials can be more unpredictable and potentially lead to higher damage awards, while bench trials (trials before a judge) are often perceived as more predictable and potentially less costly.
Such waivers are relatively common in franchise agreements. Franchise systems often seek to standardize dispute resolution processes and potentially reduce litigation costs. Prospective Buildingstars franchisees should carefully consider the implications of this waiver and consult with an attorney to fully understand their rights and obligations under the franchise agreement.