Waiver of Jury Trial Clause Explained: Six Versions to Check Before You Sign
This page is general information, not legal advice.
A waiver of jury trial clause says that if a dispute goes to court, a judge decides it instead of a jury. You'll find these clauses in leases, loan agreements, SaaS and service contracts, freelance agreements and many consumer terms, often in capital letters near the end. Some businesses prefer a judge because they see it as more predictable, and a bench trial isn't automatically unfair. But a jury can matter when you're an individual or small business in a dispute with a larger company, and the right to one is generally given up only by agreement. This page covers six versions of the clause that tilt the risk. For each one you get an illustrative example, why it matters, and wording you can propose. Some places scrutinize jury waivers closely and others enforce them more readily, so enforceability varies by jurisdiction. These terms can sometimes be negotiated, especially in business contracts.
Jury waivers often sit next to arbitration clauses. See mandatory arbitration clauses explained.
The example clauses below are illustrative. They are not taken from any real company's contract.
1. A waiver buried in the boilerplate
A typical clause might read: "Miscellaneous. This Agreement shall be binding on successors. Headings are for convenience only. The parties waive trial by jury in any action arising hereunder. This Agreement may be executed in counterparts."
Why it works against you
Here the waiver is one short sentence in a paragraph of routine terms, in the same font as everything else. You can sign without noticing you gave up a jury. Some courts look at whether a waiver was conspicuous and whether the person signing understood it, but you may not want to rely on arguing that later.
What to ask for instead
Sample wording to propose: "Delete the jury waiver. If a waiver is kept, it will appear in a separate section titled 'Waiver of Jury Trial,' in bold type, and each party will initial it."
2. A waiver bundled with arbitration and a class-action ban
A typical clause might read: "All disputes shall be resolved by binding arbitration. You waive any right to a jury trial and any right to participate in a class action. If arbitration is unavailable, disputes shall be tried by a judge without a jury."
Why it works against you
Taken together, these terms can leave you with no jury, no group claim and a private process. The backup waiver means that even if the arbitration clause is set aside, you still don't get a jury. For small claims, losing the option of a group action can make a dispute too expensive to pursue at all. See class action waivers explained.
What to ask for instead
Sample wording to propose: "Either party may bring an individual claim in small claims court. If the arbitration clause is found unenforceable, the jury waiver in this Section does not apply."
3. Only you give up a jury
A typical clause might read: "Tenant knowingly and voluntarily waives trial by jury in any action brought by Landlord or Tenant. Nothing herein limits Landlord's right to seek any remedy in any forum."
Why it works against you
A one-sided waiver lets the other side choose the forum that suits it while you're limited. Even when the waiver looks mutual, extra wording elsewhere may give the other side options you don't have. This shows up in leases and loan agreements written by the landlord or lender. See lease agreement red flags and personal loan agreement red flags.
What to ask for instead
Sample wording to propose: "Any waiver of jury trial in this Agreement applies equally to both parties and to all claims either party brings against the other."
4. A waiver that reaches statutory and unknown claims
A typical clause might read: "This waiver applies to all claims, whether in contract, tort, under any statute or otherwise, including claims that are not known or suspected at the time of signing."
Why it works against you
Some claims, such as consumer protection or discrimination claims, may come from laws that give you specific rights. A waiver written to cover "any statute" and claims you don't yet know about tries to reach those too. Whether it can depends on the law and the place. Even where it may not hold, the wording can discourage you from bringing a claim. See governing law and jurisdiction clauses explained.
What to ask for instead
Sample wording to propose: "This waiver applies only to claims for breach of this Agreement. It does not apply to claims under consumer protection, employment or civil rights laws, or to any claim where a waiver is not permitted by law."
5. Coverage of affiliates, employees and related disputes
A typical clause might read: "This waiver extends to any claim against Company or its parents, subsidiaries, affiliates, officers, employees and agents, and to any dispute relating in any way to Customer's relationship with any of them."
Why it works against you
You signed with one company, but the waiver may now cover claims against related companies and individuals you never dealt with directly. "Relating in any way" can also stretch to disputes outside the contract, like a separate purchase or a data incident. That makes the waiver much broader than the deal you agreed to. See SaaS subscription agreement red flags.
What to ask for instead
Sample wording to propose: "This waiver applies only to claims between the parties to this Agreement arising directly from this Agreement."
6. A waiver that lasts forever with no real sign of consent
A typical clause might read: "This waiver survives termination of this Agreement, applies to all future agreements between the parties, and may not be revoked. By using the Services, you are deemed to have knowingly and voluntarily agreed to it."
Why it works against you
Saying a waiver is "knowing and voluntary" doesn't make it so. If you only clicked through or kept using a service, there may be little sign you understood what you gave up. Extending the waiver to "all future agreements" can also bind you on deals you haven't seen yet. Whether a court will treat that as valid consent varies by jurisdiction.
What to ask for instead
Sample wording to propose: "This waiver applies only to disputes under this Agreement and does not extend to future agreements unless they state it separately. Either party may opt out by written notice within [30] days after signing."
Practical tips before you sign
Search the contract for "jury" so you know whether a waiver exists. Read it together with the arbitration, class-action, governing law and attorneys' fees clauses, since they work as a set. In a business contract, ask for the waiver to be removed or made mutual. Keep a signed copy of the version you agreed to, including any opt-out you send.
Also worth a look
Check the attorneys' fees clause, which can decide who pays if a dispute goes to court, and the limitation of liability clause, which may cap what you can recover. For a wider checklist, see freelance contract red flags, service agreement red flags and commercial lease red flags.
Scan your own contract free
A single sentence can decide whether a judge or a jury hears your dispute. Upload your contract to the ScanMyTerms freelance contract review as a PDF, DOCX, TXT or MD file, photograph it (up to 30 pages), or paste the terms. In about a minute you get a list of clauses that work against you, with the risk level, the exact wording, why it hurts and how to change it. The free preview shows the risk count and the first two findings. The full report is $5 per document.
This page is general information, not legal advice. Rules on jury waivers, arbitration and consumer protection vary by jurisdiction, so for decisions about a specific contract, talk to a qualified lawyer where you live.
Sources
- All clause examples on this page are illustrative and written for this guide. They are not quoted from any real company's contract.