Does the jury trial waiver for Augusta Lawn Care 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 jury trial waiver applies to counterclaims. Specifically, both Augusta Lawn Care and the franchisee expressly waive their right to a jury trial in any arbitration, action, proceeding, or counterclaim related to the franchise agreement. This waiver extends to claims relating directly or indirectly to the agreement, its negotiation, events leading up to its signing, or the business relationship.
This means that if a dispute arises between Augusta Lawn Care and a franchisee that leads to legal action, neither party can demand a jury trial. Instead, disputes will be resolved through a judge or arbitrator. This can potentially expedite the legal process and reduce legal costs, as jury trials are often more complex and expensive than bench trials or arbitration.
The waiver applies regardless of whether the legal action is brought in state or federal court and covers claims based on contract theory, negligence, or tort. The waiver is also effective even if a court finds the arbitration provision unenforceable. This comprehensive waiver indicates Augusta Lawn Care's intention to avoid jury trials in any dispute with its franchisees, which is a fairly common practice in franchising to streamline dispute resolution.
The FDD emphasizes that each party acknowledges they had the opportunity to consult with counsel regarding this waiver, ensuring it is informed, voluntary, and intentional, and not the result of unequal bargaining power. This acknowledgement aims to protect the enforceability of the waiver by demonstrating that both parties understood and agreed to its terms.