Shane wishes to open a franchise. He tries to negotiate with the franchisor regarding the mandatoryarbitration clause and the waiver of a jury clause. Still, the franchisor will not change a single word inthose clauses. Shane eventually gives up and signs the franchise agreement. Shane quite likely couldnot have gotten different arbitration and jury trial clauses at different franchises. What type ofclauses are these?Mundane clausesO Exculpatory clausesUnenforceability clausesO Adhesion clausesBoilerplate clauses

In this case, the scenario is as follows:Shane, wanting to open a franchise, attempted to negotiate an exemption from certain provisions of the franchise agreement, including the arbitration and arbitration requirement. Despite its efforts to modify these conditions, the franchisor refused to change a single word. These provisions, regarding mandatory arbitration and waiver of the right to arbitration, were disclosed to Shane as part of the franchise agreement and the franchisee refused to negotiate or modify them.1. Mundane clauses: This option does not accurately describe the specific clause in the question. The word “routine” generally means ordinary or routine, but the provisions at issue here (mandatory arbitration and jury trial waiver) are unusual in that they have a significant impact on how contract disputes are resolved.2. Exculpatory clauses: Exculpatory clauses are contractual provisions designed to relieve a party of liability for certain types of damages or legal claims. These clauses release a party from any liability for its actions. However, the scenario does not explicitly mention provisions intended to relieve the franchisor of liability. More emphasis is placed on conflict resolution mechanisms.3. Unenforceability clauses: Unenforceable clauses is not a common term in contract law. Contracts may contain provisions regarding the unenforceability of certain clauses or provisions due to illegality or invalidity, but this is not a central issue in the scenario presented.4. Adhesion clauses: Adhesion clauses accurately describe the situation described in the scenario. These provisions are usually provided in membership contracts, where the more powerful or dominant party (in this case, the franchisor) sets the terms unilaterally, leaving little room for negotiation by the other party (in this case, the shin). Lays. Provisions such as mandatory arbitration and jury trial waivers appear to be standard terms in the franchise agreement, and Shinn has no room to change them.5. Boilerplate clauses: Boilerplate clauses refer to standard, non-negotiable clauses that are often included in contracts. They usually deal with routine topics such as applicable law, severability or notices. Although the clauses in question can be considered somewhat standard, the important factor here is their rigidity and non-negotiation, which is consistent with the concept of membership clauses. The correct answer is:Adhesion clauses.Adhesion clauses are terms or provisions in a contract that are offered on a "take it or leave it" basis, usually by a party with superior bargaining power, where the other party has limited or no ability to negotiate or modify these terms. In many cases, adhesion clauses are presented in contracts of adhesion, which are pre-drafted agreements where one party holds significantly more power and dictates the terms to the other party.In this scenario, the franchisor's refusal to modify the arbitration and jury trial clauses despite Shane's attempts to negotiate implies that these clauses were likely presented to Shane as part of a standard franchise agreement. Shane's lack of ability to negotiate or alter these specific terms reflects the nature of adhesion clauses within a contract of adhesion, where one party has significantly more bargaining power than the other, resulting in terms that are typically non-negotiable or challenging to change.

Answered: Shane wishes to open a franchise. He…