In any action, proceeding, or counterclaim brought by either party against the other, do both Deer Solution and the franchisee irrevocably waive trial by jury?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
RCW 19.100.180 may supersede the Franchise Agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the Franchise Agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the Franchise Agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, the enforceability of jury trial waivers depends on the franchisee's location. Specifically, the Washington FDD Amendment indicates that provisions waiving the right to a jury trial may not be enforceable.
This means that if a Deer Solution franchise is purchased in Washington, the franchisee may retain the right to a jury trial, despite any clause in the franchise agreement suggesting otherwise. This protection is provided under the Washington Franchise Investment Protection Act.
For prospective Deer Solution franchisees, this highlights the importance of understanding state-specific franchise laws, as these can significantly alter the standard terms of the franchise agreement. Franchisees should consult with legal counsel to determine how local laws impact their rights and obligations.