Does the franchisee waive the right to a jury trial in any action against Buns On Fire?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
chisee to surrender any rights given to him/her under the franchise, that provision may not be enforceable.
ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF WASHINGTON
In recognition of the requirements of the Washington Franchise Investment Protection Act, Wash. Rev. Code §§ 19.100.180, the Franchise Disclosure Document for Buns on Fire, in connection with the offer and sale of franchises for use in the State of Washington shall be amended to include the following:
- Item 17, "Renewal, Termination, Transfer and Dispute Resolution," shall be amended by the addition of the following paragraphs at the conclusion of the Item:
The state of Washington has a statute, RCW 19.100.180, which may supersede the license agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the license agreement in your relationship with the franchisor including the areas of termination and renewal of your license.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, whether a franchisee waives the right to a jury trial depends on the state in which the franchise is purchased and operated. For instance, in Washington, provisions that unreasonably restrict or limit the right to a jury trial may not be enforceable. Similarly, addenda for Illinois, Minnesota, and North Dakota state that no statement shall waive any claims under applicable state franchise law.
Specifically, the Washington addendum states that provisions that unreasonably restrict or limit rights under the Washington Franchise Investment Protection Act, such as the right to a jury trial, may not be enforceable. This suggests that while the standard franchise agreement might contain clauses that could be interpreted as a waiver, Washington franchisees may retain their right to a jury trial under certain conditions.
For prospective Buns On Fire franchisees, it is essential to carefully review the franchise agreement and any state-specific addenda, particularly Item 17 concerning dispute resolution, to understand their rights fully. Franchisees should consult with an attorney to understand the implications of these clauses and how they apply in their specific state. The interplay between the franchise agreement and state laws can significantly impact a franchisee's legal rights and options.