Does the Kitchen Solvers franchise agreement include a waiver of the right to a jury trial?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
That requirement will not apply to North Dakota franchisees and is deemed deleted in each place it appears in the Disclosure Document and Franchise Agreement.
The Franchise Agreement stipulates that the franchisee shall pay all costs and expenses incurred by Franchisor in enforcing the agreement. For North Dakota franchisees, the prevailing party is entitled to recover all costs and expenses, including attorney's fees.
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 Kitchen Solvers' 2025 Franchise Disclosure Document, the franchise agreement generally requires franchisees to consent to a waiver of trial by jury. However, this provision is subject to certain state laws that may override it. Specifically, for franchisees in North Dakota, the requirement to waive a jury trial does not reduce any rights provided under the North Dakota Franchise Investment Law, including the right to a jury trial. Furthermore, an addendum for North Dakota franchises explicitly states that a waiver of all rights to a trial by jury is considered unenforceable in the state and that a specific subparagraph in the franchise agreement related to this waiver is deleted. Similarly, Minnesota statutes prohibit Kitchen Solvers from requiring franchisees to waive a jury trial.
These stipulations mean that while the standard Kitchen Solvers franchise agreement may include a clause requiring franchisees to waive their right to a jury trial, this clause is not universally enforceable. The enforceability depends on the franchisee's location and the specific state laws governing franchise agreements.
For prospective Kitchen Solvers franchisees, it is crucial to understand the specific addenda and state laws that apply to their franchise location. Franchisees should consult with a legal professional to fully understand their rights and obligations, particularly regarding dispute resolution and jury trials, within the context of their state's franchise laws. This ensures that franchisees are aware of their legal protections and can make informed decisions regarding the franchise agreement.