Does the jury trial waiver in the Apricot Lane franchise agreement also apply to the owners of the franchisee?

According to Apricot Lane's 2025 Franchise Disclosure Document, the jury trial waiver extends to the owners of the franchisee. Specifically, the FDD states that both Apricot Lane as the franchisor and the franchisee, along with its owners, irrevocably waive their right to a trial by jury. This waiver applies to any action, proceeding, or counterclaim, regardless of whether it is based in law or equity.

This means that if a dispute arises between Apricot Lane and a franchisee (or its owners) that would normally be resolved in court, both parties agree to forgo a jury trial. Instead, the dispute would be decided by a judge. This can have significant implications for franchisees and their owners, as it removes the possibility of presenting their case to a jury of their peers. Jury trials are sometimes perceived as being more sympathetic to the 'little guy' (the franchisee) compared to a judge who may be more inclined to side with the established corporation (Apricot Lane).

It is important for prospective Apricot Lane franchisees and their owners to understand the implications of waiving their right to a jury trial. They should consider the potential benefits and drawbacks of this provision before signing the franchise agreement. Franchisees may want to consult with an attorney to fully understand their rights and options.