Is there a waiver of class or collective actions in the Amerispec Inspection Services agreement?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
- 21.5 **MUTUAL WAIVER OF CLASS OR COLLECTIVE ACTIONS.
FRANCHISOR AND THE FRANCHISEE EACH WAIVE ANY RIGHT TO BRING ANY CLAIMS ON A CLASS-WIDE OR GROUP, REPRESENTATIVE, CONSOLIDATED, JOINT, OR COLLECTIVE BASIS.
EACH PARTY MUST BRING ANY CLAIMS AGAINST THE OTHER PARTY ON AN**
INDIVIDUAL BASIS AND MAY NOT JOIN ANY CLAIM IT MAY HAVE WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR OTHERWISE PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services Franchise Disclosure Document, the franchise agreement includes a mutual waiver of class or collective actions. This means that both Amerispec Inspection Services and the franchisee agree to waive any right to bring claims on a class-wide, group, representative, consolidated, joint, or collective basis.
This waiver requires each party to bring any claims against the other on an individual basis. Franchisees are prohibited from joining their claims with those of any other person or entity, or from participating in a class or collective action against Amerispec Inspection Services.
The inclusion of this clause is fairly common in franchise agreements. It means that any disputes arising between the franchisee and Amerispec Inspection Services must be resolved individually, which can potentially increase the legal costs and burdens for a franchisee pursuing a claim. Prospective franchisees should carefully consider the implications of this waiver and consult with legal counsel to understand their rights and options.