For Clear Pest Pros franchisees in Washington, does the addendum address waiver of jury trial?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
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. THE PARTIES AGREE THAT ALL PROCEEDINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE SALE OF THE Clear Pest Pros BUSINESS, WILL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE BASIS, AND THAT ANY PROCEEDING BETWEEN YOU, YOUR OWNERS AND US OR OUR AFFILIATES/OFFICERS/EMPLOYEES MAY NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDING BETWEEN US AND ANY OTHER THIRD PARTY.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
Based on the 2025 FDD, there is no specific addendum for Washington state that addresses the waiver of a jury trial for Clear Pest Pros franchisees. The provided documents include addenda for Minnesota, North Dakota, California, and Hawaii, but none are specific to Washington.
However, the standard franchise agreement includes a clause where both parties agree to waive trial by jury in any action, proceeding, or counterclaim, whether at law or equity. This waiver applies to any matter arising out of or related to the agreement, the performance of either party, and/or the franchisee's purchase of the franchise and/or any goods or services from Clear Pest Pros.
Because there is no state-specific addendum modifying this clause for Washington, it appears that the standard waiver of jury trial applies. A prospective franchisee in Washington should consult with a legal professional to fully understand the implications of waiving their right to a jury trial and to determine if this clause is enforceable under Washington law.