Does the Augusta Lawn Care agreement specify that the waiver of rights is voluntary and intentional?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
THE PARTIES HERETO AND EACH OF THEM KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY AGREE AS FOLLOWS:
- 11.15.1 Jury Trial. The parties hereto and each of them EXPRESSLY WAIVE(S) THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN ANY ARBITRATION, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, FOR ANY CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, THE NEGOTIATION OF THIS AGREEMENT, THE EVENTS LEADING UP TO THE SIGNING OF THIS AGREEMENT, OR THE BUSINESS RELATIONSHIP RELATING TO THIS AGREEMENT OR THE FRANCHISE, WHETHER BROUGHT IN STATE OR FEDERAL COURT, WHETHER BASED IN CONTRACT THEORY, NEGLIGENCE OR TORT, AND REGARDLESS OF WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING. This waiver is effective even if a court of competent jurisdiction decides that the arbitration provision in Section 11.8 is unenforceable. Each party acknowledges that it has had full opportunity to consult with counsel concerning this waiver, and that this waiver is informed, voluntary, intentional, and not the result of unequal bargaining power.
- 11.15.2 Damages Waiver. The parties hereto and each of them EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES, except that this waiver and limitation shall not apply with respect to (a) your obligation to indemnify Augusta Lawn Care pursuant to any provision of this Agreement, and/or (b) any claims Augusta Lawn Care brings against you and/or your guarantors for unauthorized use of the Marks, unauthorized use or disclosure of any Confidential Information, and any other cause of action under the Lanham Act and Augusta Lawn Care shall be entitled to receive an award of multiple damages, attorneys' fees and all damages as provided by law.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, the franchise agreement explicitly states that any waiver of rights by the parties involved is made knowingly, voluntarily, and intentionally. Specifically, the agreement highlights the waiver of the right to a jury trial, emphasizing that each party expressly waives this right in any arbitration, action, proceeding, or counterclaim related to the agreement. This waiver applies regardless of whether the claims are based in contract theory, negligence, or tort, and it remains effective even if the arbitration provision is deemed unenforceable.
The agreement further acknowledges that each party has had the opportunity to consult with legal counsel regarding this waiver, affirming that it is informed, voluntary, intentional, and not a result of unequal bargaining power. This suggests that Augusta Lawn Care aims to ensure franchisees are fully aware of the implications of waiving their right to a jury trial and have made the decision with proper legal advice.
Additionally, the agreement includes a waiver of claims for punitive, multiple, and/or exemplary damages, with certain exceptions. This waiver does not apply to the franchisee's obligation to indemnify Augusta Lawn Care or to claims Augusta Lawn Care brings against the franchisee for unauthorized use of marks or confidential information. These stipulations indicate that while franchisees waive certain rights, Augusta Lawn Care retains the ability to pursue specific legal remedies under certain circumstances. This balance is a common practice in franchise agreements to protect the franchisor's brand and proprietary information while setting clear expectations for dispute resolution.