Does the Dq Treat franchise agreement include a waiver of the right to a jury trial for both parties?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
g Agreement includes a waiver of exemplary and punitive damages. This waiver may not be enforceable under North Dakota law.
- E. The Operating Agreement requires the franchisee to consent to a waiver of trial by jury. This waiver may not be enforceable under North Dakota law.
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Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, the Operating Agreement does include a waiver of trial by jury. However, the enforceability of this waiver is subject to state-specific laws. For instance, the FDD states that in North Dakota and Minnesota, the jury trial waiver may not be enforceable.
This means that while the Dq Treat franchise agreement may contain a clause requiring franchisees to waive their right to a jury trial, this clause might not hold up in court depending on the state where the franchise is located. This is particularly relevant in states like North Dakota and Minnesota, where specific franchise laws may override the waiver.
For a prospective Dq Treat franchisee, this implies that the ability to have a dispute decided by a jury could depend on the location of their franchise. It would be prudent to consult with a legal professional to understand the enforceability of such a waiver in their specific state and to be aware of their rights in case of a dispute with Dq Treat.