Does the jury trial waiver in the Augusta Lawn Care agreement apply to counterclaims?
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 Augusta Lawn Care's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of the right to a jury trial that applies to counterclaims. Specifically, the agreement states that both parties expressly waive their right to a jury trial in any arbitration, action, proceeding, or counterclaim, whether at law or in equity. This waiver extends to any 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.
This waiver is comprehensive, covering claims brought in state or federal court, based on contract theory, negligence, or tort, and regardless of whether other parties are involved in the action or proceeding. The waiver remains effective even if a court determines that the arbitration provision within the agreement is unenforceable. Each party acknowledges that they have had the opportunity to consult with legal counsel regarding this waiver and that it is informed, voluntary, intentional, and not the result of unequal bargaining power.
For a prospective Augusta Lawn Care franchisee, this means that any disputes arising under the franchise agreement, including any counterclaims they might bring against Augusta Lawn Care, will not be decided by a jury. Instead, these disputes will be resolved through alternative dispute resolution methods such as arbitration or by a judge in a bench trial. This can have significant implications for the cost and speed of resolving disputes, as well as the potential outcomes, since jury trials are often perceived as being more unpredictable than decisions made by a judge or arbitrator.