If a claim arises between Ledgers and a franchisee, will the action be tried by a judge instead of a jury?
Ledgers Franchise · 2025 FDDAnswer from 2025 FDD Document
C. Jury Waiver.
In any trial between any of the Parties as to any Claims, you and we will waive our rights to a jury trial and instead have such action tried by a judge.
D. Class Action Waiver.
Source: Item 22 — CONTRACTS (FDD page 46)
What This Means (2025 FDD)
According to Ledgers's 2025 Franchise Disclosure Document, both Ledgers and the franchisee agree to waive their rights to a jury trial in the event of any claims arising between them. Instead, such actions will be tried by a judge. This jury waiver is part of the franchise agreement, which also includes clauses about governing law, jurisdiction, and limitations on claims.
This means that if a dispute arises that leads to a trial, a judge, rather than a jury, will make the decision. This can impact the outcome of the case, as judges and juries may view evidence and legal arguments differently. Jury waivers are relatively common in franchise agreements.
However, the FDD stipulates that for franchises governed by North Dakota franchise laws, any waiver of a trial by jury will not apply. Therefore, franchisees in North Dakota retain their right to a jury trial, notwithstanding the standard clause in the Ledgers franchise agreement. Prospective franchisees should be aware of this jury waiver and its implications, especially if they are not located in North Dakota.