Does the Deka Lash franchise agreement include a waiver of the right to a jury trial?

According to the 2024 Deka Lash Franchise Disclosure Document, the franchise agreement includes a jury waiver. Specifically, in any trial between any of the parties, as to any claims, all parties agree to waive their rights to a jury trial and instead have such action tried by a judge. This means that a franchisee would not be able to have a jury decide any disputes with Deka Lash; instead, a judge would make the determination.

Additionally, the document states that any claim a recipient may have shall be brought individually, and the recipient shall not join with claims of any other person or entity or bring, join, or participate in a class action against the company. This prevents franchisees from participating in class action lawsuits against Deka Lash.

The agreement also includes a waiver of punitive damages, meaning that in any claim, the parties agree to waive their rights, if any, to seek or recover punitive damages. Furthermore, in any claim, in the event that Deka Lash is the prevailing party, Deka Lash shall be entitled to recover its costs and attorney fees. These provisions can significantly impact a franchisee's legal options and financial responsibilities in case of a dispute.