Does the franchisee waive the right to a jury trial in disputes with Augusta Lawn Care?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, franchisees expressly waive their right to a jury trial in any legal disputes. This waiver applies to any arbitration, action, proceeding, or counterclaim, whether at law or in equity. It encompasses all claims relating directly or indirectly to the Franchise Agreement, its negotiation, the events leading up to its signing, or the business relationship related to the agreement or the franchise itself.
This waiver is applicable regardless of whether the dispute is brought in state or federal court and whether it is based on contract theory, negligence, or tort. It remains effective even if a court finds the arbitration provision unenforceable. The document emphasizes that each party acknowledges having had the opportunity to consult with counsel regarding this waiver, confirming that it is informed, voluntary, intentional, and not a result of unequal bargaining power.
This means that a franchisee, by signing the Augusta Lawn Care franchise agreement, agrees to resolve disputes through means other than a jury trial, such as arbitration or bench trial (where a judge decides the case). This is a significant legal commitment, as jury trials can be more unpredictable and potentially more costly than other forms of dispute resolution. Franchisees should carefully consider the implications of this waiver and seek legal advice to fully understand their rights and obligations.