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For Deka Lash franchises in North Dakota, does a waiver of a trial by jury apply?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

hoice of law":

The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.

NORTH DAKOTA ADDENDUM TO THE DISCLOSURE DOCUMENT

As to franchises governed by the North Dakota franchise laws

Source: Item 23 — RECEIPT (FDD pages 63–234)

What This Means (2024 FDD)

According to the 2024 Deka Lash Franchise Disclosure Document, any waiver of a trial by jury will not apply to Deka Lash franchises operating in North Dakota. This means that franchisees in North Dakota retain their right to a jury trial, despite any general waivers that might be present in the standard franchise agreement. This protection is specifically outlined in the North Dakota Addendum to the Disclosure Document.

This provision is beneficial for prospective Deka Lash franchisees in North Dakota, as it ensures they have the option of a jury trial in legal disputes with the franchisor. Jury trials can sometimes be more favorable to franchisees compared to bench trials (trials before a judge only), depending on the specifics of the case. This addendum reflects North Dakota's franchise laws, which aim to provide certain protections to franchisees operating within the state.

It is important for potential Deka Lash franchisees to carefully review the North Dakota Addendum and understand how it modifies the standard franchise agreement. This addendum addresses several key legal aspects, including restrictive covenants, choice of venue, applicable laws, waivers of punitive damages, and limitations of claims, in addition to the jury trial waiver. Understanding these modifications is crucial for making an informed decision about investing in a Deka Lash franchise in North Dakota.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.