Does the Aplus franchise agreement allow for a jury trial in the event of a dispute?

According to the 2024 Aplus Franchise Disclosure Document, franchisees waive their right to a jury trial. The franchise agreement states that both Aplus and the franchisee irrevocably waive trial by jury in any legal action related to the franchise agreement. This waiver applies regardless of whether the action is at law or in equity and includes any counterclaims. It also applies even if there are other parties involved in the legal action.

This means that any disputes arising between Aplus and a franchisee will be resolved by a judge rather than a jury. This can have significant implications for franchisees, as they will not have the opportunity to present their case to a jury of their peers. Jury trials can be more advantageous for franchisees in certain situations, as juries may be more sympathetic to the franchisee's position than a judge.

Franchisees should carefully consider this waiver before signing the Aplus franchise agreement. It is advisable to consult with an attorney to understand the full implications of waiving the right to a jury trial. This clause is relatively common in franchise agreements, but its impact should not be overlooked. Franchisees need to assess their comfort level with potentially having disputes decided by a judge alone.