Does the Kitchen Solvers agreement specify a waiver of jury trial?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement requires the franchisee to consent to a waiver of trial by jury. This provision shall not in any way abrogate or reduce any rights of the franchisee as provided for in the North Dakota Franchise Investment Law, including the right to a trial by jury and the right to submit matters to the jurisdiction of the Courts of North Dakota.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, the franchise agreement includes a clause requiring franchisees to waive their right to a jury trial. However, this provision is specifically addressed in the addendum for franchisees in North Dakota.
For Kitchen Solvers franchisees in North Dakota, the addendum clarifies that the jury trial waiver does not override any rights provided under the North Dakota Franchise Investment Law. This explicitly includes the right to a trial by jury and the right to have matters submitted to the jurisdiction of North Dakota courts. Therefore, while the standard agreement includes a waiver, it is unenforceable in North Dakota.
For prospective Kitchen Solvers franchisees outside of North Dakota, the standard jury trial waiver in the agreement would likely apply, meaning they would be giving up their right to a jury trial in the event of a dispute with the franchisor. Franchisees should consult with a legal professional to fully understand the implications of waiving this right.