Does the Nothing Bundt Cakes Personal Guaranty include a jury trial waiver?

According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, the Personal Guaranty does include a jury trial waiver. Specifically, Section 4.8 of the Personal Guaranty states that all parties agree to waive a trial by jury in any action, proceeding, or counterclaim, whether at law or equity, regardless of which party brings the suit. This waiver applies to any matter arising out of or related to the Personal Guaranty, the Franchise Agreement, the performance of either party, and/or the franchisee's purchase of the franchise and any related goods or services from Nothing Bundt Cakes.

This means that a franchisee signing the Personal Guaranty gives up the right to have a jury decide any disputes related to the guaranty or the franchise agreement. Instead, disputes would be resolved by a judge. This can have significant implications, as jury trials are often seen as providing a more level playing field for individuals against larger corporations. By waiving this right, the franchisee agrees to a potentially less sympathetic forum for dispute resolution.

It is common for franchise agreements to include jury trial waivers. Franchise companies often prefer to avoid the uncertainty and potential costs associated with jury trials. Prospective Nothing Bundt Cakes franchisees should carefully consider the implications of this waiver and consult with an attorney to understand their rights and options before signing the Personal Guaranty and Franchise Agreement.