Does the Degree Wellness agreement include a waiver of jury trial?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
JURY TRIAL WAIVER.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 DEVELOPER'S PURCHASE FROM FRANCHISOR OF THE DEVELOPMENT RIGHTS DESCRIBED HEREIN.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
Yes, according to the 2025 Degree Wellness Franchise Disclosure Document, the agreement includes a waiver of jury trial. Specifically, it states that both Degree Wellness and the franchisee irrevocably waive their rights to a jury trial for any legal actions, proceedings, or counterclaims, whether based in law or equity. This waiver applies to any matter arising from or related to the agreement, the performance of either party, and the franchisee's purchase of development rights from Degree Wellness.
This means that any disputes between Degree Wellness and a franchisee will be resolved by a judge rather than a jury. Franchisees should understand the implications of waiving their right to a jury trial, as it can affect the outcome of legal proceedings. Jury trials are often perceived to be more advantageous to the 'little guy', as a jury of peers may be more sympathetic than a judge.
It is common for franchise agreements to include clauses requiring arbitration or waiving the right to a jury trial. These clauses are generally enforceable, although they can be subject to legal challenges under certain circumstances. Prospective franchisees should carefully review these provisions with legal counsel to fully understand their rights and obligations.
Given the inclusion of this waiver, it is crucial for potential Degree Wellness franchisees to seek legal advice to understand the full implications before signing the agreement. Understanding the dispute resolution process and the limitations it imposes is essential for making an informed investment decision.