in paragraph 8 of the cruise ticket operated as a valid waiver of plaintiffs right to have her case heard by a jury. The right to a jury trial is guaranteed by the United States Constitution. U.S. Const, amend. VII. “It is elementary that the Seventh Amendment right to a jury is fundamental and that its protection can only be relinquished knowingly and intentionally.” National Equipment Rental, Ltd. v. Hendrix, 565 F.2d 255, 258 (2d Cir.1977), citing Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938) and Heyman v. Kline, 456 F.2d 123, 129 (2d Cir.), cert. denied, 409 U.S. 847, ., 1990 WL 96992, *2 (S.D.N.Y.) (finding jury waiver valid where both parties were corporations and therefore not “stranger[s] to contract negotiations”); Feldman & Son, 572 F.Supp. at 313 (<HOLDING>). Examining these factors, it is clear that
holding jury waiver valid where contract negotiations took place over a period of years waiver was not inconspicuous and it was not a contract of adhesion holding that the prior conviction was valid for calculation of the defendants criminal history because his waiver of the right to counsel was valid holding the jury waiver invalid where waiver was inconspicuous appeared to be nonnegotiable and there was unequal bargaining power holding that the waiver in two previous contracts was insufficient to support waiver of the contract at issue in that appeal recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract