Does the jury trial waiver for Eos Worldwide apply to actions at law and in equity?

According to the 2025 Eos Worldwide Franchise Disclosure Document, both Eos Worldwide and the franchisee irrevocably waive their rights to a jury trial. This waiver applies to any action, proceeding, or counterclaim, regardless of whether it is based in law or in equity. This means that any disputes arising between Eos Worldwide and the franchisee will be resolved by a judge rather than a jury.

This waiver of jury trial has significant implications for prospective franchisees. Jury trials can be more unpredictable and potentially more costly than bench trials (trials before a judge). By agreeing to this waiver, franchisees give up their right to have a jury of their peers decide their case. This could be seen as a disadvantage if a franchisee believes a jury would be more sympathetic to their situation than a judge.

However, jury trial waivers are relatively common in franchise agreements. Franchisors often prefer bench trials because they can be faster and more efficient, and judges are often perceived to be more knowledgeable about complex business matters. Prospective franchisees should carefully consider the implications of this waiver and consult with an attorney before signing the franchise agreement. Understanding the legal ramifications of waiving the right to a jury trial is crucial for making an informed decision about investing in an Eos Worldwide franchise.

In addition to the jury trial waiver, the Eos Worldwide FDD also includes a waiver of class actions. This means that franchisees also waive the right to litigate on a class action basis, in any action, proceeding, or counterclaim, whether at law or in equity, brought by any party.