Does the Dermani Medspa franchise agreement include a waiver of jury trial for disputes?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.10. Mutual Waiver of Jury Trial. WE AND YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER PARTY AGAINST THE OTHER, WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, both the franchisee and franchisor waive the right to a jury trial for any disputes. Specifically, the franchise agreement states that Dermani Medspa and the franchisee irrevocably waive trial by jury in any action, proceeding, or counterclaim, whether at law or in equity. This waiver applies regardless of whether other parties are involved in the action or proceeding.
This means that any legal disputes arising between a Dermani Medspa franchisee and the franchisor will be resolved by a judge rather than a jury. This is a common practice in franchise agreements, as it can lead to quicker and potentially less expensive resolutions. Jury trials can be lengthy and unpredictable, so both parties may prefer to have a judge make the decision based on the law and the specific facts of the case.
In addition to the jury trial waiver, the Dermani Medspa franchise agreement also includes a mutual waiver of class actions and punitive damages. This means that any lawsuit, claim, counterclaim, or other action must be conducted only on an individual basis, and the parties waive any right to claim punitive, exemplary, consequential, or multiple damages against the other. These provisions further limit the potential scope and cost of legal disputes between Dermani Medspa and its franchisees.