Does the jury trial waiver for Cool Binz apply regardless of which party brings suit?
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 jury trial waiver applies regardless of which party initiates the lawsuit. The franchise agreement specifies that both Cool Binz and the franchisee agree to waive their right to a jury trial in any action, proceeding, or counterclaim, whether based in law or equity. This waiver extends to 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.
This means that a franchisee gives up the right to have a jury decide any disputes with Cool Binz related to the franchise agreement. Instead, disputes will be resolved by a judge. This can be a significant consideration for prospective franchisees, as jury trials are sometimes seen as more favorable to the average person than bench trials (trials decided by a judge).
However, the FDD also notes an exception for franchisees operating in Minnesota. For these franchisees, Minnesota Rule 2860.4400J prohibits the waiver of a jury trial. Therefore, the standard jury trial waiver would not apply to Cool Binz franchisees in Minnesota.
Prospective franchisees should carefully consider the implications of waiving their right to a jury trial, especially in states where such waivers are enforceable. They may want to consult with an attorney to fully understand their rights and options.