factual

Does a Buildingstars franchisee waive the right to a trial by jury in any action relating to the franchise agreement or the relationship of the parties?

Buildingstars Franchise · 2025 FDD

Answer 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 trial by jury. Specifically, the franchise agreement states that both Buildingstars and the franchisee agree to waive a trial by jury in any legal action, proceeding, or counterclaim that arises from the franchise agreement or the relationship between the parties. This means that any disputes will be resolved by a judge rather than a jury.

This waiver has significant implications for prospective Buildingstars franchisees. Jury trials can be more unpredictable and potentially more costly than bench trials (trials before a judge only). By agreeing to this clause, franchisees give up the opportunity to have their case decided by a jury of their peers. This could be seen as a disadvantage if a franchisee believes a jury would be more sympathetic to their situation than a judge.

It is relatively common in franchise agreements to include clauses that address dispute resolution, including waivers of jury trials or requirements for arbitration. These clauses are intended to streamline the dispute resolution process and potentially reduce costs for both parties. However, franchisees should carefully consider the implications of such waivers, as they can affect their legal rights and options in the event of a dispute with Buildingstars.

Prospective franchisees should seek legal counsel to fully understand the ramifications of waiving their right to a jury trial. Understanding the potential trade-offs between cost savings and the right to a jury trial is crucial before signing the Buildingstars franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.