Does the Dermani Medspa agreement prevent either party from removing an action from state to federal court?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
addition to any other remedies the Parties may have, at law or in equity.
- 11.15. Survival. The following sections and articles of this Agreement shall survive termination of this Agreement for any reasons: Section 10.01; Section 11.12; Section 11.13; and Article VII.
- 11.16. Third Party Beneficiary. dermani MEDSPA Franchising LLC is an express third party beneficiary of this Agreement and may, directly or indirectly, enforce any right of Manager hereunder.
- 11.17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute one and the same instrument.
- 11.18. Consent to Jurisdiction; Waiver of Jury Trial. The Parties agree that any dispute arising under this Agreement shall be litigated in the courts of the State of ______ or the courts of the United States for the District of ______, and, by execution and delivery of this Agreement, the Parties hereby accept for themselves and in respect of their property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts and appellate courts. The Parties waive the right to trial by jury with respect to any claims hereby.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, disputes arising under the Franchise Agreement will be litigated in the courts of the state where the principal office is located, or the federal courts for that district. By signing the agreement, both Dermani Medspa and the franchisee accept the exclusive jurisdiction of those courts.
This means that a franchisee is agreeing to have any legal disputes decided in a specific jurisdiction and waiving the right to move the case to a different venue or court system. This could impact a franchisee if they prefer or believe they would receive a fairer hearing in a different location.
The agreement also includes a waiver of jury trial, meaning that both parties agree to have a judge decide the case rather than a jury. This could be a significant consideration for franchisees, as jury trials can sometimes be more favorable depending on the nature of the dispute. Franchisees should consider the implications of these clauses with legal counsel before signing the agreement.