Does the Clear Pest Pros Franchise Agreement include a jury trial waiver?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
t in the event of a dispute, that your recovery is limited to actual damages. If any other term of this Agreement is found or determined to be unconscionable or unenforceable for any reason, the foregoing provisions shall continue in full force and effect, including, without limitation, the waiver of any right to claim any consequential damages.
THE PARTIES HEREBY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR EQUITY, REGARDLESS OF WHICH PARTY BRINGS SUIT. THIS WAIVER WILL APPLY TO ANY MATTER WHATSOEVER BETWEEN THE PARTIES HERETO WHICH ARISES OUT OF OR IS RELATED IN ANY WAY TO THIS AGREEMENT, THE PERFORMANCE OF EITHER PARTY, AND/OR YOUR PURCHASE FROM US OF THE FRANCHISE AND/OR ANY GOODS OR SERVICES.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, the franchise agreement initially includes a clause where both parties waive their right to a jury trial. However, this is subject to certain state laws. Specifically, for franchisees operating in Minnesota, the FDD states that Minnesota Rule 2860.4400J prohibits the waiver of a jury trial.
For franchisees in North Dakota, the FDD indicates that to the extent required by the North Dakota Franchise Investment Law, language waiving the right to a jury trial is deleted from Section 15.I of the Franchise Agreement. This means that while the standard Clear Pest Pros agreement may contain a jury trial waiver, its enforceability depends on the specific state where the franchise is located and operated.
This has significant implications for prospective franchisees. It is essential to understand the specific state laws governing franchise agreements, as these laws can override certain provisions in the standard franchise agreement. Clear Pest Pros franchisees should consult with a legal professional to fully understand their rights and obligations, particularly regarding dispute resolution and jury trials, in their specific state.