Jury Trial

Jury Trial

There are many reasons why parties may agree to waive their rights to have disputes resolved via a jury trial, including a preference to have such disputes resolved through more cost effective and expedient means. If the parties do agree to waive rights to a jury trial, the following exemplar may aid in refuting any subsequent argument that such waiver was not knowingly or inadvertently made:

Exemplar C45-1

THE PARTIES HERETO RECOGNIZE THAT THIS AGREEMENT IS A RELATIVELY COMPLEX BUSINESS DOCUMENT, THAT THE AGREEMENT IS RELATIVELY LENGTHY AND TECHNICAL IN NATURE AND MAY BE SUSCEPTIBLE TO MISINTERPRETATION IF ISOLATED PROVISIONS ARE THE SUBJECT OF REVIEW, AND THAT IN THE EVENT OF ANY DISPUTE AS TO THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT, A JUDGE, RATHER THAN A JURY, WOULD BE THE MOST EFFICIENT AND BEST QUALIFIED TRIER OF FACT. ACCORDINGLY, THE PARTIES HERETO DESIRE, ACKNOWLEDGE AND AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION OR OTHER LEGAL PROCEEDING BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION OR ASSOCIATION WITH THE RELATIONSHIP CREATED BETWEEN THE PARTIES AS A RESULT THEREOF.