Does the jury trial waiver for Cool Binz apply to counterclaims?
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 Cool Binz's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of trial by jury that applies to counterclaims. This means that if a franchisee and Cool Binz end up in court, neither party can demand a jury trial; the case will be decided by a judge.
The waiver extends to any action, proceeding, or counterclaim, whether based in law or equity, and applies regardless of which party initiates the lawsuit. It covers any matter arising from or related to the franchise agreement, the performance of either party, or the franchisee's purchase of the franchise, goods, or services from Cool Binz.
However, it's important to note that this waiver might not be enforceable in all jurisdictions. For example, the FDD includes a specific note that Minnesota law prohibits the waiver of a jury trial. Therefore, the enforceability of this provision may depend on the franchisee's location and the applicable state laws. Prospective franchisees should consult with an attorney to understand the implications of this waiver in their specific circumstances.