Does the Bath Tune Up agreement include a waiver of jury trial?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
and judgment may be entered by Secured Party against Pledgor for the amount of the claim and other relief requested.
- (d) PLEDGOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i) ARISING UNDER THIS AGREEMENT OR ANY OF THE OTHER FINANCING AGREEMENTS OR (ii) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF PLEDGOR AND SECURED PARTY IN RESPECT OF THIS AGREEMENT OR ANY OF THE OTHER FINANCING AGREEMENTS OR THE TRANSACTIONS RELATED HERETO OR THERETO IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. PLEDGOR HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT PLEDGOR OR SECURED PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE
- CONSENT OF PLEDGOR AND SECURED PARTY TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, the franchise agreement includes a jury trial waiver. Specifically, Section 7.1(a) addresses governing law, choice of forum, service of process, and jury trial waiver. Additionally, the Pledgor also agrees to waive their right to a trial by jury as indicated in Section 7.
This means that any disputes arising from the franchise agreement or the relationship between Bath Tune Up and the franchisee will be decided by a judge rather than a jury. This is a common practice in franchise agreements.
A jury trial waiver can have significant implications for a franchisee. It generally means disputes will be resolved more quickly and potentially at a lower cost, as jury trials tend to be more expensive and time-consuming than bench trials (trials before a judge). However, it also means the franchisee gives up the right to have their case decided by a jury of their peers, which some may see as a disadvantage, depending on the nature of the dispute.