Does the Floors To Go agreement allow for any exceptions to the waiver of jury trial?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither you, or any assignee, successor, heir or personal representative of yours, nor we shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Agreement, or any related agreement, or the dealings or the relationship between or among such persons or entities, or any of them.
Neither party nor any such other person or entity will seek to consolidate any such action, in which a jury trial has been waived, with any other action in which a jury trial cannot or has not been waived.
The provisions of this Section have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions.
No party has in any way agreed with or represented to any other party that the provisions of this Section will not be fully enforced in all instances.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, the franchise agreement stipulates a waiver of jury trial with no exceptions. Section 16.3 of the agreement states that neither the franchisee nor Floors To Go will seek a jury trial in any legal proceedings related to the agreement or their relationship.
This waiver extends to any assignee, successor, heir, or personal representative of the franchisee. The agreement also specifies that no party will attempt to consolidate any action where a jury trial has been waived with another action where a jury trial is possible.
The document emphasizes that the parties have fully discussed this provision, and it is to be enforced without any exceptions. Furthermore, there is no agreement or representation that this provision will not be fully enforced in all instances. However, an amendment for South Dakota franchisees states that any provision that provides that the parties waive their right to jury trial may not be enforceable under the laws of the State of South Dakota law.
This means that franchisees, except those in South Dakota, give up their right to a jury trial for disputes arising from the franchise agreement. This is a significant legal consideration, as jury trials can sometimes be more favorable to franchisees than bench trials (trials by judge). Prospective franchisees should carefully consider the implications of this waiver and consult with legal counsel to understand their rights and options.