Do both Dermani Medspa and the franchisee waive trial by jury in any action related to the franchise agreement?
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, both the franchisor and franchisee waive their right to a jury trial for any disputes arising under the franchise agreement. The FDD specifies that any legal disputes will be litigated in the courts of a particular state or the United States District Court for a specific district. By signing the agreement, both parties agree to the exclusive jurisdiction of these courts and any appellate courts.
This waiver means that any disagreements or lawsuits related to the franchise agreement will be decided by a judge rather than a jury. This can have implications for the legal strategy and potential outcomes of disputes. Jury trials can be more unpredictable and potentially more costly due to the complexities of presenting evidence to a lay audience. Bench trials (trials before a judge) are often perceived as more streamlined and predictable, though the outcome depends heavily on the judge's interpretation of the law and the presented evidence.
Furthermore, both parties consent to service of process via registered or certified mail to their addresses listed in the agreement. They also waive any objections to the venue of the specified courts and agree not to claim that the chosen forum is inconvenient. This ensures that Dermani Medspa and the franchisee are bound to resolve disputes in the designated jurisdiction, streamlining the legal process and potentially reducing costs associated with travel and litigation in other locations.