Does the Degree Wellness franchise 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)
According to the 2025 Degree Wellness Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial. This means that both Degree Wellness and the franchisee agree to give up their right to a jury trial for any disputes arising from or related to the franchise agreement. This waiver applies to any action, proceeding, or counterclaim, whether based on law or equity, and regardless of which party initiates the lawsuit.
This jury trial waiver extends to any matter between Degree Wellness and the franchisee that is connected to the franchise agreement, the performance of either party, or the franchisee's purchase of development rights from Degree Wellness. By agreeing to this waiver, a franchisee is essentially consenting to have disputes resolved by a judge rather than a jury. This can potentially streamline the legal process and may result in quicker and less expensive resolutions, but it also means foregoing the right to have a jury of peers decide the outcome of a dispute.
Such waivers are relatively common in franchise agreements. Franchise systems often prefer to avoid jury trials because they can be unpredictable and may be influenced by local biases. A judge is often perceived as more experienced and knowledgeable in business law, potentially leading to a more consistent and predictable outcome. However, franchisees should carefully consider the implications of waiving their right to a jury trial, as it can impact their ability to present their case in a manner they believe is most favorable.
Prospective Degree Wellness franchisees should be fully aware of this jury trial waiver and understand its potential consequences before signing the franchise agreement. It is advisable to consult with an attorney to discuss the implications of this waiver and how it might affect their rights in the event of a dispute with Degree Wellness.