Are there limitations on waiving the right to a jury trial for Degree Wellness franchisees?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
You and we irrevocably waive trial by jury in any action, proceeding or counterclaim, whether at law or in equity, brought by either you or us.
- 17.11 **Governing Law/Consent To Jurisdiction.
Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. §§ 1051 et seq.) and except that all issues relating to arbitrability or the enforcement or interpretation of the agreement to arbitrate set forth in Section 17.9 which will be governed by the United States Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law relating to arbitration, this Agreement and the Franchise will be governed by the internal laws of the State of Florida (without reference to its choice of law and conflict of law rules), except that the provisions of any Florida law relating to the offer and sale of business opportunities or franchises or governing the relationship of a franchisor and its franchisees will not apply unless their jurisdictional requirements are met independently without reference to this Paragraph**. You agree that the venue for any action arising out of or relating to this Agreement (which is not required to be arbitrated hereunder or as to which arbitration is waived) shall be in any state or federal court of general jurisdiction in Duvall County, Florida, unless otherwise mutually agreed by the parties in writing, and you irrevocably submit to the jurisdiction of such courts and waive any objection you may have to either the jurisdiction or venue of such court.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees generally waive their right to a jury trial. Specifically, the document states, "You and we irrevocably waive trial by jury in any action, proceeding or counterclaim, whether at law or in equity, brought by either you or us." This means that any legal disputes between Degree Wellness and a franchisee will be resolved by a judge rather than a jury.
However, the FDD includes an amendment specific to Minnesota franchisees. This amendment states that Minnesota law prohibits Degree Wellness from requiring a waiver of jury trial for claims arising under Minnesota franchise laws (Minn. Stat. §§80C.01 through 80C.22). This means that if a Degree Wellness franchisee in Minnesota brings a claim against the franchisor under Minnesota franchise law, the franchisee retains the right to a jury trial, despite the general waiver included in the franchise agreement.
This Minnesota addendum also clarifies that nothing in the agreement or Franchise Disclosure Document can reduce any of Franchise Owner's rights as provided for in Minnesota Statutes, Chapter 80C, or Franchise Owner's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. Therefore, prospective franchisees should be aware of the specific laws in their state that may provide additional protections or limitations on waivers within the franchise agreement.