factual

Does the Fly To Fit Franchise Agreement require a franchisee to waive a trial by jury?

Fly_To_Fit Franchise · 2024 FDD

Answer from 2024 FDD Document

This Rider amends the Franchise and Multi-Unit Development Agreement dated (the "Agreement"), between Fly To Fit Franchise, LLC, a Delaware Limited Liability Company ("Fly To Fit Franchise") and, a ("Franchisee").

  • 2. Amendments. The Agreement (and any Guaranty Agreement) is amended to comply with the following:
    • (6) Waiver of Trial by Jury: Franchisee and any Guarantor do not waive a trial by jury.

Source: Item 23 — RECEIPTS (FDD pages 44–134)

What This Means (2024 FDD)

According to the 2024 Fly To Fit Franchise Disclosure Document, the standard agreement does not require a franchisee to waive their right to a trial by jury in North Dakota. A North Dakota Rider to the Franchise and Multi-Unit Development Agreement specifically states that franchisees and any guarantors are not required to waive a trial by jury. This amendment ensures that franchisees in North Dakota retain their constitutional right to a jury trial, regardless of what the standard agreement might otherwise stipulate.

This protection is provided through an amendment to the franchise agreement that applies specifically to North Dakota. The rider modifies the original agreement to comply with North Dakota law, which prevents the franchisor from enforcing a jury trial waiver against franchisees in that state. This type of rider is common in franchise agreements to address specific state laws that differ from the franchisor's standard terms.

For prospective Fly To Fit franchisees in states other than North Dakota, it's important to carefully review the franchise agreement and any state-specific addenda to understand whether a jury trial waiver is required. Franchisees should consult with an attorney to fully understand their rights and obligations under the franchise agreement, as these can vary significantly depending on the state in which they operate.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.