What does the Apricot Lane franchisee and owner covenant regarding suing the Franchisor Parties?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
INST THE OTHER AND AGREE THAT, IN THE EVENT OF A DISPUTE BETWEEN FRANCHISOR AND FRANCHISEE (AND/OR ITS OWNERS), THE PARTY MAKING A CLAIM WILL BE LIMITED TO EQUITABLE RELIEF AND TO RECOVERY OF ANY ACTUAL DAMAGES IT SUSTAINS.
G. Waiver of Jury Trial
FRANCHISOR AND FRANCHISEE (AND ITS OWNERS) IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER OF THEM.
H. Limitations of Claims
FRANCHISEEE AGREES THAT, FOR THE APRICOT LANE FRANCHISE SYSTEM TO FUNCTION PROPERLY, FRANCHISOR SHOULD NOT BE BURDENED WITH THE COSTS OF LITIGATING SYSTEM-WIDE DISPUTES. ACCORDINGLY, ANY DISAGREEMENT BETWEEN FRANCHISEE AND FRANCHISOR SHALL BE CONSIDERED UNIQUE AS TO ITS FACTS AND SHALL NOT BE BROUGHT AS A CLASS ACTION, AND FRANCHISEE WAIVES ANY RIGHT TO PROCEED AGAINST FRANCHISOR OR ANY OF ITS SHAREHOLDERS, MEMBERS, MANAGERS, AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BY WAY OF CLASS ACTION, OR BY WAY OF A MULTI-PLAINTIFF, CONSOLIDATED OR COLLECTIVE ACTION. IN ANY LEGAL ACTION BETWEEN THE PARTIES, THE COURT SHALL NOT BE PRECLUDED FROM MAKING ITS OWN INDEPENDENT DETERMINATION OF THE ISSUES IN QUESTION, NOTWITHSTANDING THE SIMILARITY OF ISSUES IN ANY OTHER LEGAL ACTION INVOLVING FRANCHISOR AND ANY OTHER FRANCHISEE, AND EACH PARTY WAIVES THE RIGHT TO CLAIM THAT A PRIOR DISPOSITION OF THE SAME OR SIMILAR PRECLUDES SUCH INDEPENDENT DETEMINIATON.
**I.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, franchisees agree to certain limitations regarding legal claims against the franchisor. Specifically, the franchisee waives the right to participate in class action lawsuits against Apricot Lane or its affiliates. This means that any legal disputes must be pursued individually, based on the unique facts of the franchisee's situation. The document emphasizes that disagreements between a franchisee and Apricot Lane will be considered unique and not part of a system-wide dispute.
Furthermore, the agreement specifies that courts are not bound by prior legal decisions involving Apricot Lane and other franchisees. Each case will be independently evaluated, regardless of similarities to other cases. This waiver is designed to prevent Apricot Lane from incurring the costs of extensive, system-wide litigation and ensures that each dispute is assessed on its own merits.
In addition to waiving class action rights, franchisees must bring any claims against Apricot Lane within eighteen (18) months of discovering the facts that give rise to the claim. The only exception to this timeline involves claims related to the franchisee's non-payment or underpayment of amounts owed to Apricot Lane. This limitation on the timeliness of claims means that franchisees need to be diligent in identifying and addressing any issues promptly to preserve their legal rights. Failing to commence mediation or judicial proceedings within the specified timeframe will bar the claim.