Does the Focus Cfo Franchise Agreement include a waiver of jury trial?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.6.
Waiver of Jury Trial.
FRANCHISEE AND FOCUS CFO EACH IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, WHETHER AT LAW OR EQUITY, BROUGHT BY EITHER OF THEM.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, both the franchisee and Focus Cfo irrevocably waive their right to a jury trial. This waiver applies to any action, whether at law or equity, brought by either party. This means that any disputes arising under the Franchise Agreement will be resolved by a judge rather than a jury.
This waiver is a significant legal provision. Franchisees should understand that they are giving up their constitutional right to have a jury decide their case. Jury trials can be more unpredictable and potentially lead to higher damage awards, but they also offer the opportunity for a community-based decision. By agreeing to this waiver, franchisees are opting for a bench trial, where the judge makes the final decision.
It is important for prospective Focus Cfo franchisees to carefully consider the implications of this jury trial waiver. They should consult with an attorney to fully understand their rights and options before signing the Franchise Agreement. This is a common clause in franchise agreements, but its impact should not be underestimated.