Does the Dog Haus franchise agreement include a waiver of jury trial?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Section 19.1 "Judicial Relief" (regarding choice of forum), shall be supplemented by the following:
- "Nothing in the Disclosure Document or Agreement can abrogate or reduce any of your rights as provided for in Minnesota Statutes 1984, Chapter 80C, or your rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction."
- "Minn. Stat. Sec. 80C.21 and Minnesota Rules 2860.4400(J) prohibit us from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring you to consent to liquidated damages, termination penalties, or judgment notes."
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- No choice of law or choice of forum provision in the Franchise Agreement should 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.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to the 2025 Dog Haus Franchise Disclosure Document, the standard agreement prohibits the franchisor from requiring a franchisee to waive their right to a jury trial, specifically in Minnesota. An addendum for New York also states that no choice of law or choice of forum provision in the Franchise Agreement should 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. This suggests that Dog Haus aims to uphold franchisees' rights, particularly concerning jury trials, within the bounds of applicable state laws.
For a prospective Dog Haus franchisee, this means that the franchise agreement generally respects your right to a jury trial, especially in certain states like Minnesota and New York where specific regulations prevent such waivers. This can be a significant advantage, as it ensures that you retain the option to have disputes decided by a jury of your peers rather than solely by a judge, which may be beneficial depending on the nature of the dispute.
However, it's important to note that the FDD references specific state laws (Minnesota and New York), implying that the protection against jury trial waivers may be particularly strong in those jurisdictions. Franchisees should consult with a legal professional to fully understand their rights and the implications of the franchise agreement in their specific state or region. The interplay between federal and state laws can be complex, and the enforceability of certain provisions may vary depending on the location of the franchise.