factual

Does Dollar Rent A Car waive trial by jury in any judicial action?

Dollar_Rent_A_Car Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 30.9. Waiver of Jury Trial. WE AND YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY JUDICIAL ACTION PERMITTED BY THIS SECTION 30 WITH RESPECT TO ANY CLAIM, INCLUDING ANY COUNTERCLAIMS, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER OF THEM AGAINST THE OTHER, WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH JUDICIAL ACTION.

Source: Item 23 — RECEIPTS (FDD pages 102–301)

What This Means (2025 FDD)

According to the 2025 Dollar Rent A Car Franchise Disclosure Document, both Dollar Rent A Car and the franchisee irrevocably waive trial by jury in any judicial action permitted by section 30 of the agreement. This waiver applies to any claim, including counterclaims, whether at law or in equity, brought by either party against the other, regardless of whether other parties are involved in the judicial action.

This means that a franchisee entering into an agreement with Dollar Rent A Car gives up the right to have disputes decided by a jury. Instead, disputes will be resolved by a judge. This can have significant implications for how legal disputes are handled, as a judge's decision may differ from that of a jury.

It is important to note that this waiver may not be enforceable in all jurisdictions or under all circumstances. For example, the addendum for the state of North Dakota indicates that requiring North Dakota franchisees to consent to the waiver of a trial by jury has been held to be unfair, unjust, or inequitable. Franchisees should consult with legal counsel to understand the implications of this waiver and whether it is enforceable in their specific situation.

Additionally, certain states like California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin have provisions that prevent franchisees from waiving claims under applicable state franchise laws or disclaiming reliance on statements made by the franchisor. This could potentially limit the enforceability of the jury trial waiver in those states.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.