Does the Cream franchise agreement include a waiver of jury trial?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
I. WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of punitive damages and jury trial. Specifically, Item 23, section I states that the franchisee waives their right to a jury trial.
This means that any disputes arising under the franchise agreement or due to the relationship between the franchisee and Cream will not be decided by a jury. Instead, these disputes will be resolved through a judge or an arbitrator, as specified in the agreement. This is a significant legal provision, as it removes the franchisee's right to have their case heard by a jury of their peers.
Franchisees should carefully consider the implications of waiving their right to a jury trial, as it can affect how disputes are resolved and may limit their legal options in the event of a disagreement with Cream. Franchisees may want to consult with a legal professional to fully understand the ramifications of this waiver before signing the franchise agreement.