Under what circumstances does the jury trial waiver apply in the Fitstop franchise agreement?
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, both Fitstop and the franchisee agree to waive their rights to a jury trial. This waiver applies to any legal action, proceeding, or counterclaim, whether based on law or equity, regardless of which party initiates the lawsuit.
This waiver specifically covers any matter arising from or related to the franchise agreement itself, the performance of either party under the agreement, and the franchisee's purchase of required items from Fitstop or its affiliates. This means that any disputes related to the franchise, how either party is fulfilling their obligations, or purchases made as part of the franchise operation will be subject to this jury trial waiver.
By agreeing to this waiver, a franchisee gives up the right to have a jury decide any disputes falling under the specified categories, opting instead for a judge to preside over the case. Jury trial waivers are relatively common in franchise agreements. Franchisees should carefully consider the implications of waiving this right, as it can affect how disputes are resolved and the potential outcomes of legal proceedings.