Does the Cool Binz franchise agreement include a waiver of trial by jury?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
nt is found or determined to be unconscionable or unenforceable for any reason, the foregoing provisions shall continue in full force and effect, including, without limitation, the waiver of any right to claim any consequential damages.
THE PARTIES HEREBY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR EQUITY, REGARDLESS OF WHICH PARTY BRINGS SUIT. THIS WAIVER WILL APPLY TO ANY MATTER WHATSOEVER BETWEEN THE PARTIES HERETO WHICH ARISES OUT OF OR IS RELATED IN ANY WAY TO THIS AGREEMENT, THE PERFORMANCE OF EITHER PARTY, AND/OR YOUR PURCHASE FROM US OF THE FRANCHISE AND/OR ANY GOODS OR SERVICES. THE PARTIES AGREE THAT ALL PROCEEDINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE SALE OF THE COOL BINZ BUSINESS, WILL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE BASIS, AND THAT ANY PROCEEDING BETWEEN YOU, YOUR OWNERS AND US OR OUR AFFILIATES/OFFICERS/EMPLOYEES MAY NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDING BETWEEN US AND ANY OTHER THIRD PARTY.
**J.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, the franchise agreement initially includes a clause where franchisees waive their right to a jury trial. Specifically, it states that both parties agree to waive trial by jury in any legal action related to the agreement. This waiver applies to any matter arising from the agreement, the performance of either party, or the franchisee's purchase of the franchise or related goods and services. The agreement also stipulates that all proceedings will be conducted on an individual basis, not as a class action, and proceedings involving the franchisee cannot be consolidated with other proceedings between Cool Binz and any third party.
However, the FDD also includes an addendum that modifies this clause for franchisees operating in Minnesota. For these franchisees, Minnesota Rule 2860.4400J prohibits the waiver of a jury trial. This means that while the standard Cool Binz franchise agreement contains a jury trial waiver, this waiver is not enforceable in Minnesota.
Therefore, prospective Cool Binz franchisees should be aware that the enforceability of the jury trial waiver depends on the specific state where they will operate their franchise. Franchisees outside of Minnesota may be bound by the waiver, while those in Minnesota retain their right to a jury trial.