Does the Byrider Franchise Agreement include a jury trial waiver?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
20.7 Jury Trial Waiver. The Company and the Franchisee irrevocably waive trial by jury in any action, proceeding or counterclaim, whether at law or in equity, brought by either of them.
20.8 Punitive Damage Waiver. The Company and the Franchisee irrevocably waive any claim to punitive damages in any action, proceeding or counterclaim, whether at law or in equity brought by either of them.
Franchise Agreement:
-
- JURY TRIAL AND PUNITIVE DAMAGE WAIVERS. The provisions of Sections 20.7 and 20.8 of the Franchise Agreement are hereby deleted in their entirety.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the standard agreement includes a jury trial waiver. Specifically, Section 20.7 states that both Byrider and the franchisee irrevocably waive their right to a jury trial in any legal action related to the franchise agreement. This means a franchisee would be giving up their right to have a jury decide any disputes with Byrider, agreeing instead to a bench trial where a judge makes the decision.
However, the FDD also notes exceptions to this waiver for franchisees in certain states. For example, the document states that for Minnesota franchisees, the provisions regarding jury trial waivers are deleted in their entirety. This suggests that Byrider cannot enforce the jury trial waiver against franchisees in Minnesota, and possibly other states where such waivers are restricted by law.
Prospective franchisees should be aware of this waiver and understand its implications. They should also consult with an attorney to determine if the waiver is enforceable in their specific state, as state laws vary regarding the enforceability of jury trial waivers in franchise agreements. It is important to note that waiving the right to a jury trial could impact the strategy and potential outcomes of any future legal disputes with Byrider.