Do the parties involved in the Creative World School lease waive trial by jury?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Waiver of Jury Trial. Section 20.09 is deleted in its entirety.
Source: Item 23 — RECEIPTS (FDD pages 80–247)
What This Means (2025 FDD)
Based on the 2025 Creative World School Franchise Disclosure Document, the franchise agreement initially includes a clause (Section 20.09) that involves waiving the right to a jury trial. However, this clause is specifically deleted in its entirety through a rider to the franchise agreement. This deletion suggests that franchisees are not required to waive their right to a jury trial under the standard franchise agreement.
It is important to note that this information pertains specifically to the franchise agreement itself. The FDD also includes a Conditional Assignment and Assumption of Lease agreement, which contains a clause where the parties "irrevocably submit to the jurisdiction of such courts and waive any objection they may have to either the jurisdiction or venue of such court." This clause does not explicitly mention waiving a jury trial, but it does commit parties to the jurisdiction and venue of specific courts in Lee County, Florida.
Therefore, while the standard Creative World School franchise agreement does not require a waiver of jury trial, franchisees should carefully review the Conditional Assignment and Assumption of Lease agreement, as it contains clauses regarding jurisdiction and venue that could impact their legal options. Franchisees should consult with legal counsel to fully understand their rights and obligations under both agreements.