Does the Clean Your Dirty Face franchise agreement include a waiver of jury trial?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
17.H. WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL.
EXCEPT FOR YOUR OBLIGATION TO INDEMNIFY US FOR THIRD PARTY CLAIMS UNDER SECTION 16.D, AND EXCEPT FOR PUNITIVE DAMAGES AVAILABLE TO EITHER PARTY UNDER FEDERAL LAW, WE AND YOU (AND YOUR OWNERS) WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO OR CLAIM FOR ANY PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES AGAINST THE OTHER AND AGREE THAT, IN THE EVENT OF A DISPUTE BETWEEN US AND YOU, THE PARTY MAKING A CLAIM WILL BE LIMITED TO EQUITABLE RELIEF AND TO RECOVERY OF ANY ACTUAL DAMAGES IT SUSTAINS.
WE AND YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER OF US.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Clean Your Dirty Face Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial. Specifically, Clean Your Dirty Face and the franchisee both irrevocably waive their right to a jury trial for any action, proceeding, or counterclaim brought by either party, whether it is a matter of law or equity. This means that any disputes arising between Clean Your Dirty Face and a franchisee will be resolved by a judge rather than a jury.
This waiver is a significant legal provision that impacts how disputes are resolved. By agreeing to waive the right to a jury trial, franchisees give up the opportunity to have their case decided by a panel of citizens. Instead, a judge will make the final decision. This can affect the outcome of legal proceedings, as judges and juries may view cases differently.
It is common for franchise agreements to include clauses that address dispute resolution, including waivers of jury trials and requirements for arbitration. Franchisees should carefully consider the implications of these clauses, as they can significantly affect their legal rights and options in the event of a dispute with Clean Your Dirty Face. Prospective franchisees should consult with an attorney to fully understand the legal ramifications of this waiver and other provisions in the franchise agreement before signing.