Does Kitchen Solvers require franchisees to waive their right to a 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.
Minnesota Statutes, Section 80C.21 and Minnesota Rule 2860.4400J prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the standard franchise agreement includes a clause requiring franchisees to waive their right to a jury trial. However, this provision is not enforceable for franchisees in North Dakota. The FDD includes an addendum specific to North Dakota franchises stating that the section of the Franchise Agreement waiving the right to a jury trial is deleted and considered unenforceable in North Dakota. This ensures that Kitchen Solvers franchisees in North Dakota retain their right to a jury trial under the North Dakota Franchise Investment Law.
Additionally, the 2025 Kitchen Solvers FDD states that Minnesota Statutes prohibit the franchisor from requiring a waiver of a jury trial for franchises governed by Minnesota law. Therefore, any clause in the standard agreement requiring such a waiver would not be enforceable in Minnesota.
For prospective Kitchen Solvers franchisees, this means that the enforceability of a jury trial waiver depends on the state in which the franchise is located. Franchisees should carefully review the addendum specific to their state to understand their rights and any modifications to the standard franchise agreement. It is important to consult with a legal professional to fully understand the implications of these provisions in the context of their specific circumstances and state laws.