Does the jury trial waiver for Augusta Lawn Care apply to claims based on negligence?
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 jury trial waiver applies to claims based on negligence. Specifically, the franchise agreement includes an express waiver of the right to a jury trial for any claims relating directly or indirectly to the agreement, its negotiation, the events leading up to its signing, or the business relationship related to the franchise.
This waiver extends to claims brought in state or federal court, regardless of whether they are based in contract theory, negligence, or tort. It remains effective even if a court finds the arbitration provision unenforceable. This means that a franchisee gives up the right to have a jury decide any disputes falling under these categories, including negligence claims.
This type of waiver is significant because it can impact how legal disputes are resolved. Jury trials can be more expensive and time-consuming than other forms of dispute resolution, such as arbitration. By agreeing to waive the right to a jury trial, franchisees may be limiting their options for resolving disputes with Augusta Lawn Care. Prospective franchisees should carefully consider the implications of this waiver and consult with legal counsel to understand their rights and obligations.