Is a Floors To Go franchisee's heir bound by the jury trial waiver?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
assignee, successor, heir or personal representative of yours will join together with any other franchisee of FTG in bringing any litigation against FTG, including FTG's affiliates, successors, assigns and designees of each, and their respective officers, directors, employees, agents, attorneys, owners, designees and representatives of all of the foregoing (the "FTG Parties"); nor will you maintain any claim against any of the FTG Parties in a class action, whether as a representative or as a member of a class or purported class; nor will you seek to consolidate, or consent to the consolidation of, all or any part of any litigation by either of them against any of the FTG Parties with any other litigation against any of the FTG Parties.
- 16.3.
Waiver of Jury Trial.
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 FDD, the jury trial waiver extends to the franchisee's heirs. Section 16.3 of the franchise agreement states that neither the franchisee, nor any assignee, successor, heir, or personal representative of the franchisee, will seek a jury trial in any litigation arising out of the agreement or the relationship between the parties. This means that if a franchisee passes away and their heir inherits the franchise, the heir is also bound by the jury trial waiver.
This provision has significant implications for prospective Floors To Go franchisees. By agreeing to the franchise agreement, they and their heirs give up the right to a jury trial for disputes related to the franchise. This means that any legal disputes will be resolved by a judge rather than a jury. While jury trials are not always preferable, some franchisees may prefer to have the option of a jury trial, especially in complex cases where they believe a jury would be more sympathetic to their situation.
The FDD also states that the provisions of this section have been fully discussed by the parties and are subject to no exceptions. This reinforces the binding nature of the jury trial waiver. It also states that no party has agreed that the provisions of this section will not be fully enforced in all instances. This further emphasizes the importance of understanding and considering the implications of the jury trial waiver before entering into a franchise agreement with Floors To Go.
It is important for prospective Floors To Go franchisees to carefully consider the implications of the jury trial waiver and consult with an attorney before signing the franchise agreement. They should also be aware that this provision may not be enforceable in all states, as indicated by the South Dakota addendum in Exhibit B-9, which 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.