Does the Deka Lash franchise agreement include a jury waiver for claims between the parties?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Jury Waiver.In any trial between any of the parties, as to any Claims, the parties agree to waive their rights to a jury trial and instead have such action tried by a judge.
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- Class Action Waiver. Recipient agrees that any Claim Recipient may have shall be brought individually and Recipient shall not join with claims of any other person or entity or bring, join or participate in a class action against Company.
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- Punitive Damages Waiver.In any Claim, the parties agree to waive their rights, if any, to seek or recover punitive damages.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the franchise agreement includes a waiver of the right to a jury trial. Specifically, in any trial between the parties regarding any claims, both Deka Lash and the franchisee agree to waive their rights to a jury trial, opting instead for a trial by a judge. This means that any legal disputes arising between Deka Lash and the franchisee will be decided by a judge rather than a jury.
This jury waiver is a significant legal provision that can impact how disputes are resolved. Franchisees should understand that by agreeing to this waiver, they are giving up their right to have a jury of their peers hear their case. Jury trials can be more unpredictable than bench trials (trials before a judge), as juries may be more sympathetic to individual franchisees than a judge might be.
Additionally, the Deka Lash agreement also includes a class action waiver, preventing franchisees from joining with other franchisees to bring claims against the company. The agreement also includes a waiver of rights to seek or recover punitive damages. These provisions, along with the jury waiver, indicate that Deka Lash aims to limit its potential liability and manage legal disputes through bench trials and individual actions.
Prospective Deka Lash franchisees should carefully consider the implications of these waivers, as they can significantly affect their legal rights and options in the event of a dispute with the franchisor. It is advisable to consult with an attorney to fully understand the legal ramifications of these provisions before signing the franchise agreement.