Does the Face Foundrie Area Developer Agreement include a waiver of jury trial?

According to Face Foundrie's 2025 Franchise Disclosure Document, the Area Development Agreement includes a mutual waiver of jury trial. Specifically, Face Foundrie and the Area Developer both irrevocably waive their rights to a jury trial for any legal action, proceeding, or counterclaim brought against each other, whether the action is at law or in equity. This means that any disputes arising between Face Foundrie and its area developers will be resolved by a judge rather than a jury.

This waiver has significant implications for prospective area developers. By agreeing to the waiver, the area developer gives up the right to have a jury of their peers decide any legal disputes with Face Foundrie. Jury trials can be more unpredictable than bench trials (trials before a judge), as jury decisions can be influenced by emotion or bias. However, they also provide an opportunity for an area developer to present their case to a broader segment of the community.

It's important for prospective area developers to carefully consider the implications of this waiver before signing the Area Development Agreement. They should consult with an attorney to understand their rights and options. While jury trial waivers are relatively common in franchise agreements, the specific terms and conditions can vary, and it's crucial to be fully informed before making a decision.

It should also be noted that the FDD states that if and then only to the extent required by the Minnesota Franchises Law, Sections 16.7 and 16.10 of the Area Development Agreement are deleted. This means that the waiver of jury trial may not be enforceable in Minnesota.