In any legal action related to the Buildingstars franchise agreement, do the parties have the right to a trial by jury?
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, both Buildingstars and the franchisee waive their right to a trial by jury regarding any legal disputes arising from the franchise agreement or their relationship. This means that any action, proceeding, or counterclaim will be resolved by a judge rather than a jury of peers.
This waiver has significant implications for a prospective Buildingstars franchisee. Jury trials can be more unpredictable and expensive than bench trials (trials before a judge only). By agreeing to this clause, the franchisee gives up the potential advantage of presenting their case to a jury, who might be more sympathetic to a small business owner than a judge. The franchisee also gives up the right to have a jury decide the facts of the case.
It is common for franchise agreements to include jury waivers or mandatory arbitration clauses. These provisions are generally intended to reduce litigation costs and streamline dispute resolution. However, franchisees should carefully consider the potential disadvantages of waiving their right to a jury trial before signing the agreement. Franchisees may want to consult with an attorney to fully understand the implications of this waiver and explore options for negotiating its terms.