Does the Degree Wellness agreement specify that the waiver of jury trial applies to counterclaims?
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 parties agree to waive their right to a jury trial in any action, proceeding, or counterclaim. This waiver applies regardless of whether the action is at law or in equity and regardless of which party initiates the suit.
This means that a franchisee gives up the right to have a jury decide any disputes arising from the franchise agreement; instead, a judge will preside over the case. This waiver extends not only to initial claims but also to any counterclaims that may arise during the legal proceedings.
Such waivers are relatively common in franchise agreements. Franchise systems often prefer bench trials (trials by judge) because they can be faster and more predictable than jury trials. However, franchisees should understand that they are relinquishing a constitutional right to a jury trial by agreeing to this provision.