Does the Fitstop franchise agreement include a waiver of jury trial?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 19.10 WAIVER OF JURY TRIAL. THE PARTIES HEREBY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR EQUITY, REGARDLESS OF WHICH PARTY BRINGS SUIT. THIS WAIVER SHALL APPLY TO ANY MATTER WHATSOEVER BETWEEN THE PARTIES HERETO WHICH ARISES OUT OF OR IS RELATED IN ANY WAY TO THIS AGREEMENT, THE PERFORMANCE OF EITHER PARTY, AND/OR YOUR PURCHASE OF ANY REQUIRED ITEMS FROM US AND/OR OUR AFFILIATES.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to the 2024 Fitstop Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial. This means that both Fitstop and the franchisee agree to give up their right to a jury trial for any legal disputes arising from the franchise agreement.
Specifically, the agreement states that this waiver applies to any action, proceeding, or counterclaim, whether at law or equity, regardless of which party initiates the lawsuit. This waiver extends to any matter related to the agreement, the performance of either party, and the franchisee's purchase of required items from Fitstop or its affiliates.
Such waivers are relatively common in franchise agreements. Franchise systems often prefer to have disputes resolved through arbitration or bench trials (trials before a judge), as they may be perceived as more efficient and predictable than jury trials. However, a franchisee should carefully consider the implications of waiving their right to a jury trial, as it may affect their ability to present their case in a manner they believe is most favorable.