Does the Degree Wellness agreement specify that the waiver of jury trial applies to actions in equity?

According to the 2025 Degree Wellness Franchise Disclosure Document, the franchise agreement includes a clause where both Degree Wellness and the franchisee agree to waive their rights to a jury trial. This waiver applies to any action, proceeding, or counterclaim, regardless of whether it is a matter of law or equity. This means that any disputes arising from the franchise agreement, whether seeking monetary damages (law) or specific performance/injunctions (equity), will be resolved by a judge rather than a jury.

This jury trial waiver has significant implications for a prospective Degree Wellness franchisee. By agreeing to the franchise terms, the franchisee gives up the right to have a jury decide any disputes they may have with Degree Wellness. Jury trials can be more unpredictable and potentially lead to larger awards, while bench trials (trials before a judge) are often perceived as more predictable and potentially less costly.

It is important for a prospective Degree Wellness franchisee to carefully consider the implications of waiving their right to a jury trial. They should consult with an attorney to understand the potential benefits and risks of this provision before signing the franchise agreement. This is a common clause in franchise agreements, but its impact can be substantial depending on the nature of any future disputes.