Does the Gokhale Method franchise agreement include a waiver of the right to a jury trial?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
- 24.8. WAIVER OF RIGHT TO A JURY AND PUNITIVE DAMAGES. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY AGREE AS FOLLOWS:
- 24.8.1. THE PARTIES BOTH EXPRESSLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY OR AGAINST EITHER PARTY; AND
- 24.8.2. THE PARTIES BOTH EXPRESSLY WAIVE ANY CLAIM FOR PUNITIVE, MULTIPLE, AND/OR EXEMPLARY DAMAGES.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, the franchise agreement includes a waiver of the right to a jury trial. Both Gokhale Method and the franchisee knowingly and intentionally waive their rights to a trial by jury in any action, proceeding, or counterclaim brought by or against either party.
This waiver means that any disputes arising between Gokhale Method and the franchisee will be resolved by a judge rather than a jury. Jury trials can be more expensive and time-consuming than bench trials (trials before a judge only), and the outcome can be less predictable. By agreeing to this waiver, franchisees give up their right to have a jury of their peers decide the outcome of any legal disputes with the franchisor.
In addition to waiving the right to a jury trial, both parties also expressly waive any claim for punitive, multiple, and/or exemplary damages. This means that neither party can seek these types of damages, which are intended to punish the wrongdoer and are typically awarded in cases involving egregious or intentional misconduct.
It is important for prospective franchisees to carefully consider the implications of these waivers before signing the franchise agreement, as they significantly affect their legal rights in the event of a dispute with Gokhale Method.