Does the jury trial waiver for Cool Binz apply to any matter whatsoever between the parties?
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 jury trial waiver that applies broadly to any disputes between Cool Binz and the franchisee. This waiver extends to any action, proceeding, or counterclaim, whether based in law or equity, regardless of which party initiates the suit.
Specifically, the waiver applies to any matter arising out of or related to the franchise agreement, the performance of either party, and the franchisee's purchase of the franchise, goods, or services from Cool Binz. This means a franchisee would be giving up their right to have a jury decide any disputes falling within these categories.
However, the FDD also notes an exception for franchisees operating in Minnesota. Because Minnesota Rule 2860.4400J prohibits the waiver of a jury trial, this provision would not apply to Cool Binz franchisees in Minnesota. Therefore, prospective franchisees should be aware of the jury trial waiver and its implications, while also noting any state-specific exceptions that may apply.