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Legal Waiver of Jury Trial

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LEGAL WAIVER OF JURY TRIAL

This Legal Waiver of Jury Trial (the "Waiver") is made and entered into as of Effective Date: by and between Plaintiff: with address: (hereinafter "Plaintiff"), and Defendant: with address: (hereinafter "Defendant"). Plaintiff and Defendant are each a "Party" and collectively the "Parties."

RECITALS

WHEREAS, the Parties anticipate that disputes, claims, counterclaims or causes of action may arise between them in connection with their business relationship, contract, transaction, or otherwise (collectively, "Disputes"); and

WHEREAS, each Party desires to provide for the prompt, economical and reliable resolution of any such Disputes and acknowledges that a waiver of trial by jury is a material inducement to the other Party's entering into certain agreements and the preservation of their respective rights; and

WHEREAS, each Party has had the opportunity to seek the advice of independent counsel and has either received such advice or knowingly waived the opportunity to obtain such advice.

NOW, THEREFORE

In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. WAIVER OF JURY TRIAL

1.1 Waiver. Each Party knowingly, voluntarily and irrevocably waives any right to a trial by jury in respect of any claim, counterclaim, setoff, action, proceeding, or motion that arises out of or relates to any Dispute between the Parties, whether presently existing or arising in the future, including claims for damages, injunctive relief, specific performance, declaratory relief, or any equitable remedy.

1.2 Scope. This waiver applies to all proceedings in any state or federal court, at law or in equity, and includes appeals, post-judgment proceedings, and proceedings ancillary to any judgment. This Waiver is not conditioned upon the existence of any particular contract provision and shall apply regardless of the forum in which a Dispute is heard, except to the extent prohibited by applicable mandatory law.

2. MUTUAL AND SEVERABLE WAIVER

2.1 Mutuality. The Parties acknowledge that the waivers set forth in this Waiver are mutual and form an essential basis for their agreement to proceed with their dealings. No Party shall assert the right to a jury trial in any action arising out of or related to a Dispute, provided that this mutual waiver shall not be construed as a waiver of any procedural right that is not the right to a jury trial.

2.2 Severability of Waivers. If any portion of this Waiver, or the application of this Waiver to any particular claim or proceeding, is held to be invalid, unenforceable, or void, the remaining portions and applications shall remain in full force and effect to the fullest extent permitted by law.

3. ACKNOWLEDGMENT AND UNDERSTANDING

3.1 Understanding. Each Party acknowledges and agrees that it has read and understands the terms of this Waiver, has had a full opportunity to ask questions and to seek independent legal advice concerning its rights and obligations under this Waiver, and that the waiver of jury trial is an informed and voluntary relinquishment of a legal right.

3.2 No Duress. Each Party represents that it is executing this Waiver freely and voluntarily and not under any duress or undue influence. Each Party further represents that any signatory executing this Waiver on behalf of a corporation, partnership, limited liability company or other entity has the authority to bind that entity.

4. ENFORCEMENT

4.1 Specific Performance and Equitable Relief. The Parties agree that a breach of this Waiver may cause irreparable harm for which monetary damages are an inadequate remedy and that, in addition to any other remedies available, any Party shall be entitled to injunctive or other equitable relief to enforce the terms of this Waiver.

4.2 Admission in Evidence. This Waiver may be filed with any court as evidence of the Parties' agreement to waive trial by jury and shall be admissible for that purpose.

5. NOTICES

Notice Contact for Plaintiff

Notice Contact for Defendant

6. AMENDMENTS; WAIVER

6.1 Amendments. This Waiver may be amended or modified only by a written instrument executed by both Parties. No oral modification shall be effective.

6.2 Waiver. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default of the same or similar nature. A waiver must be in writing and signed by the Party waiving the right.

7. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

7.1 Governing Law. This Waiver shall be governed by and construed in accordance with the internal laws of the jurisdiction specified below, without regard to choice-of-law principles.

Governing Law Jurisdiction:

7.2 Severability. If any provision of this Waiver is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.

7.3 Entire Agreement. This Waiver constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

8. COUNTERPARTS

This Waiver may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic image shall be binding and treated as originals.

9. REPRESENTATIONS

Each Party represents that (a) it has full power, authority and legal right to execute and deliver this Waiver and to perform its obligations hereunder; (b) the person executing this Waiver on its behalf is duly authorized; and (c) the execution and delivery of this Waiver and the performance of its obligations do not and will not violate any other agreement or obligation by which it is bound.

ADDITIONAL TERMS

Optional clarifications or special terms related to this Waiver:

Party A (Plaintiff) Printed Name:

By:

Date:

Party B (Defendant) Printed Name:

By:

Date:

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What a Legal Waiver of Jury Trial Is and Where It Appears

A Legal Waiver of Jury Trial is a contractual clause in which the parties agree that any dispute arising under the contract will be decided by a judge or by alternative dispute resolution rather than by a jury. It is commonly included in commercial contracts, loan agreements, leases, and settlement documents to narrow forum procedure and reduce litigation uncertainty. A clear, well-drafted waiver identifies the parties, the scope of disputes covered, the chosen forum, and the effective date to ensure enforceability under applicable state and federal electronic signature laws.

Why Parties Include a Jury-Waiver Clause

A jury-waiver clause narrows procedural risk, promotes predictability in legal remedies, and can reduce the time and expense of contested litigation. It can be tailored to specific dispute types and combined with arbitration or bench-trial provisions to match business needs.

Why Parties Include a Jury-Waiver Clause

Common Users and Signers of a Jury-Waiver Clause

Businesses and legal teams typically add jury-waiver clauses to commercial contracts, leases, loan agreements, and settlement documents to manage litigation exposure.

  • Commercial parties and counsel negotiating risk allocation and dispute procedures.
  • Lenders and landlords standardizing remedies and dispute resolution across portfolios.
  • Parties to settlements seeking finality and faster adjudication.

Individuals sometimes encounter these clauses in consumer transactions, settlement agreements, and employment contracts — review with counsel when consumer protections are implicated.

Core Elements to Include in a Professional Jury-Waiver Clause

A usable waiver must be explicit, mutual when required, and linked to governing law and forum selection to improve enforceability.

Clear Intent

State explicitly that each party knowingly waives the right to a jury trial for specified disputes, using unambiguous language to demonstrate intent.

Scope

Define which claims are covered (contractual, tort, statutory), whether counterclaims are included, and any carve-outs for specific remedies or statutory rights.

Mutuality

Specify whether the waiver is mutual or one-sided; courts are more likely to enforce mutual waivers, so express reciprocity when possible.

Governing Law

Name the governing state law and venue for disputes; aligning the waiver with a single governing law reduces ambiguity about enforceability.

Execution Date

Record the date the waiver becomes effective and, where applicable, reference the transaction or agreement it amends to avoid timing disputes.

Signature Block

Provide a discrete signature block for the waiver, with printed names, titles, dates, and clear signer attribution for enforceability.

Essential Information Required on the Waiver

Party Names: Full legal names
Effective Date: MM/DD/YYYY format
Governing State: Named jurisdiction
Scope Statement: Claims covered
Signature Block: Signer, title, date
Witness / Notary: If required by state

Step-by-Step: How to Add and Execute a Jury-Waiver Clause

Follow these steps to draft, review, and obtain binding signatures for a jury-waiver clause while minimizing enforceability risk.

  • 01
    Draft Clause: Write explicit waiver language and define its scope.
  • 02
    Align Terms: Ensure governing law and venue match the main agreement.
  • 03
    Review with Counsel: Confirm enforceability under applicable state law.
  • 04
    Sign and Record: Execute signatures and retain the signed record.

Where the Waiver Fits in Contract Workflows

The waiver is typically appended to or embedded within a primary agreement; include it early in drafting and before signature routing to avoid later disputes.

  • Draft Stage: Insert clause in the main agreement or as an addendum.
  • Negotiation Stage: Discuss mutuality and carve-outs with the counterparty.
  • Execution Stage: Collect signatures with clear signer attribution.
  • Recordkeeping: Store the executed copy with the contract file.

Digital Signing and Evidence You Should Capture

When executing electronically, preserve an audit trail that shows intent, attribution, and the final signed document to satisfy ESIGN and UETA standards.

  • Audit Trail: Timestamp and IP address
  • Signer Authentication: Email, SMS code, or stronger
  • Document Archive: PDF with audit certificate

How to Configure an Online Workflow for the Waiver

Configure fields and signer order before sending to ensure the waiver is executed correctly and the record is complete.

Field Configuration
Signature Block Required; signer, title, date
Mutuality Checkbox Conditional visibility if mutual
Governing Law Field Dropdown with state selection
Attach Agreement Include main contract as exhibit

Key Risks if the Waiver Is Defective

Unenforceability: Waiver declared void
Litigation Costs: Increased legal expense
Public Policy: Court refusal in consumer disputes
Delay: Protracted jurisdictional fights
Evidence Gaps: Missing audit trail problems
Regulatory Risk: Industry-specific violations

Common Drafting and Execution Mistakes to Avoid

  • Using vague or overly broad language that fails to describe which claims are waived; courts may construe ambiguous waivers narrowly against the drafter.
  • Failing to align the waiver’s governing law and venue with the main agreement, which can create conflicting interpretations and forum disputes.
  • Omitting signer attribution, printed names, titles, or dates on the signature block, leaving questions about who agreed and when.
  • Relying on weak electronic consent records without an audit trail, which complicates admissibility under ESIGN and state electronic-record laws.

Timing and Important Dates to Track When Adding a Waiver

Track execution date, effective date, and any notice periods so the waiver applies as intended and does not conflict with statutory deadlines.

Execution Date:

Date parties sign the waiver; controls when rights are waived

Effective Date:

If different, this is when waiver obligations begin

Notice Periods:

Comply with any notice timing specified in the main agreement

Preservation Deadlines:

Begin retention clocks from execution or effective date

Dispute Filing Impact:

Waiver affects procedural choices when a claim is filed

Practical Tips for Drafting Enforceable Jury-Waiver Language

Adopt clear drafting practices and robust execution protocols to reduce the risk that a court will refuse to enforce a waiver.

Use Plain, Explicit Language
Draft a concise clause that expressly states the parties waive jury trial rights for the identified disputes; avoid passive or ambiguous phrasing that invites judicial scrutiny.
Make It Mutual When Possible
Mutual waivers are generally viewed more favorably by courts. If one-sided waiver is necessary, document a business justification to support fairness.
Document Consent and Intent
Ensure each signer separately initials or signs the clause, or include an explicit statement acknowledging the waiver, to demonstrate knowing consent under ESIGN and UETA.
Preserve a Durable Record
Secure a final signed PDF and an audit trail that records signer identity, timestamp, and IP address to support admissibility if enforcement is contested.

eSignature Pricing and Feature Comparison for Executing Waivers

Compare typical vendor starting prices and core features relevant to secure, auditable execution of waiver clauses; signNow is listed first for parity with available plan data.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Using an Electronic Jury Waiver

These cases illustrate practical settings where an executed waiver simplified dispute planning and reduced procedural friction.

Martin Properties

Tim Martin, Founder at Martin Properties, needed remote execution for rental leases and closing disclosures to avoid in-person meetings.

  • Mobile and offline signing options streamlined completions across agents.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

BIS

Dan Rotelli, CEO of BIS, used a recorded audit trail to support contract enforcement in a commercial dispute.

  • The audit evidence preserved signer intent and timeline.
  • "We felt most comfortable with airSlate SignNow given their SOC 2 certification and strict focus on ESIGN and UETA act compliance."

Frequently Asked Questions About Jury Waivers and Electronic Execution

Answers to common questions cover enforceability, electronic signatures, notarization, and practical steps to reduce litigation risk when a jury waiver is included.


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