Does the Degree Wellness agreement specify that the waiver of jury trial applies to actions at law?
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)
According to Degree Wellness's 2025 Franchise Disclosure Document, the franchise agreement includes a clause where both the franchisee and franchisor waive their rights to a jury trial. This waiver applies to any action, proceeding, or counterclaim, whether it is based in law or equity. This means that any disputes arising from the franchise agreement will be resolved by a judge rather than a jury.
This jury trial waiver covers all matters related to the agreement, the performance of either party, and the franchisee's purchase of development rights from Degree Wellness. This broad scope suggests that virtually any dispute connected to the franchise relationship would be subject to the waiver.
Such waivers are relatively common in franchise agreements. Franchise systems often prefer to avoid juries, as they may be less predictable than judges who are more familiar with contract law. However, franchisees should carefully consider the implications of waiving their right to a jury trial, as it could impact their ability to seek redress in certain situations.