Does the jury trial waiver in the Clear Pest Pros Franchise Agreement apply to counterclaims?
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)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of trial by jury that applies to counterclaims. This means that both Clear Pest Pros and the franchisee agree to waive their right to a jury trial in any legal action, proceeding, or counterclaim related to the franchise agreement. This waiver applies regardless of whether the action is based on law or equity and no matter which party initiates the lawsuit.
This waiver extends to any matter arising from or related to the franchise agreement, the performance of either party, or the franchisee's purchase of the franchise, goods, or services from Clear Pest Pros. Furthermore, all proceedings related to the agreement or the sale of the Clear Pest Pros business will be conducted on an individual basis, preventing class-wide actions. Any legal action between the franchisee, their owners, and Clear Pest Pros or its affiliates cannot be consolidated with other proceedings involving third parties.
For a prospective franchisee, this means that any disputes with Clear Pest Pros will be resolved by a judge rather than a jury. This can potentially reduce the time and expense associated with litigation, as jury trials tend to be longer and more complex. However, it also means that the franchisee will not have the opportunity to present their case to a jury of their peers, which some may see as a disadvantage. Franchisees should consider the implications of waiving their right to a jury trial and consult with an attorney to understand their legal rights and options.
It is important to note that the enforceability of jury waivers can vary by state, and some states may have laws that restrict or prohibit such waivers in franchise agreements. For example, the FDD states that Minnesota law prohibits the waiver of a jury trial. Therefore, prospective Clear Pest Pros franchisees should be aware of the laws in their specific state and how they may affect the enforceability of the jury trial waiver in the franchise agreement.