Is a jury trial permitted in any action or proceeding between Dermani Medspa and the franchisee?
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, franchisees waive their right to a jury trial. The FDD states that any dispute arising under the Franchise Agreement will be litigated in the courts of the State of ______ or the courts of the United States for the District of ______. By signing the agreement, both parties accept the exclusive jurisdiction of these courts and appellate courts.
This means that if a Dermani Medspa franchisee has a legal dispute with the company, such as a disagreement over the terms of the franchise agreement, the case will be decided by a judge rather than a jury. This waiver is a significant legal provision, as it removes the option for a jury trial, which some parties might prefer in certain types of disputes. Franchisees should understand the implications of waiving this right, as jury trials can sometimes lead to different outcomes than bench trials (trials before a judge only).
It is common practice in franchise agreements to include a clause where both parties waive their right to a jury trial. This is often done to streamline legal proceedings and potentially reduce costs, as jury trials can be more complex and time-consuming than bench trials. Prospective Dermani Medspa franchisees should carefully consider this provision and consult with an attorney to fully understand its impact on their legal rights and options.