Does the jury trial waiver for Kitchen Solvers apply to claims brought in federal court?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.1.5 Jury Trial. **The parties hereto and each of them EXPRESSLY WAIVE(S) THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN ANY ARBITRATION, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, FOR ANY CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, THE NEGOTIATION OF THIS AGREEMENT, THE EVENTS LEADING UP TO THE SIGNING OF THIS AGREEMENT, OR THE BUSINESS RELATIONSHIP RELATING TO THIS AGREEMENT OR THE FRANCHISE, WHETHER BROUGHT IN STATE OR FEDERAL COURT, WHETHER BASED IN CONTRACT THEORY, NEGLIGENCE OR TORT, AND REGARDLESS OF WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, franchisees expressly waive the right to a jury trial for any claims related to the Franchise Agreement or the business relationship, whether brought in state or federal court. This waiver extends to any arbitration, action, proceeding, or counterclaim, whether at law or in equity. The waiver applies regardless of whether the claims are based in contract theory, negligence, or tort, and it remains in effect even if there are other parties involved in the action or proceeding.
This means that a Kitchen Solvers franchisee gives up the right to have a jury decide any disputes arising from the franchise agreement. Instead, disputes will be resolved through a judge or arbitrator. This can have significant implications for franchisees, as jury trials are sometimes seen as more favorable to plaintiffs, especially in cases involving complex or emotional issues.
However, the addendum for Minnesota states that Minnesota Statutes prohibit Kitchen Solvers from requiring waiver of a jury trial. The addendum for North Dakota states that the jury trial waiver shall not 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. Therefore, the jury trial waiver may not be enforceable in certain states.