Does the Security Agreement for Epcon Communities include a waiver of jury trial?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Article or Section in Security Agreement | Summary |
|---|---|---|
| v. Choice of forum | Paragraph 17 | Subject to applicable state law, you consent to jurisdiction and venue in any state or federal court located in Franklin County, Ohio. |
| w. Choice of law | Paragraphs 17 | Subject to applicable state law, Ohio law applies and you |
| and 18 | waive your right to a jury trial. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 55–69)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the Security Agreement contains a provision where the franchisee waives their right to a jury trial. This waiver is detailed in Paragraphs 17 and 18 of the Security Agreement. However, this waiver is subject to applicable state law, meaning that the enforceability of the jury trial waiver may depend on the specific laws of the state in which the franchise operates.
This means that as an Epcon Communities franchisee, you are agreeing to resolve disputes through means other than a jury trial, such as a bench trial where a judge makes the decision. This could potentially streamline dispute resolution and reduce legal costs, but it also means relinquishing the right to have a jury of your peers decide the outcome of a legal dispute.
It is important for a prospective Epcon Communities franchisee to understand the implications of waiving the right to a jury trial and to consult with legal counsel to assess the enforceability of such a waiver in their specific state. Franchisees should carefully review Paragraphs 17 and 18 of the Security Agreement to fully understand the scope and limitations of this waiver.