In North Dakota, can Desi District require franchisees to waive a trial by jury?

According to Desi District's 2024 Franchise Disclosure Document, franchisees in North Dakota are not required to waive their right to a trial by jury. A North Dakota Rider to the franchise agreement specifically amends the agreement to ensure that "Franchisee and any Guarantor do not waive a trial by jury."

This protection is also reflected in the North Dakota Addendum to the Disclosure Document, which states that the Securities Commissioner considers it unfair, unjust, or inequitable to require North Dakota franchisees to consent to waiving a trial by jury. This means that Desi District cannot enforce a clause in the standard franchise agreement that would force a franchisee to give up their right to have a legal dispute decided by a jury in a court of law.

This provision is favorable for prospective Desi District franchisees in North Dakota, as it ensures they retain all legal rights within the state, specifically the right to a jury trial. This prevents Desi District from imposing mandatory arbitration or other dispute resolution methods that bypass the court system and a jury of peers.