Do the parties in the My Salon Suite franchise agreement waive the right to a jury trial?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
- **D.
JURY TRIAL WAIVER.
THE PARTIES HEREBY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR EQUITY, REGARDLESS OF WHICH PARTY BRINGS SUIT.
THIS WAIVER SHALL APPLY TO ANY MATTER WHATSOEVER BETWEEN THE PARTIES HERETO WHICH ARISES OUT OF OR IS RELATED IN ANY WAY TO THIS AGREEMENT, THE PERFORMANCE OF EITHER PARTY, AND/OR FRANCHISEE'S PURCHASE FROM FRANCHISOR OR ITS AFFILIATES AND/OR ANY GOODS OR**
SERVICES OBTAINED FROM FRANCHISOR OR ITS AFFILIATES.
- **E.
WAIVER OF CLASS OR GROUP ACTION.
ANY DISAGREEMENT BETWEEN FRANCHISOR AND FRANCHISEE (AND/OR THEIR AFFILIATES AND OWNERS) WILL BE CONSIDERED UNIQUE AS TO ITS FACTS AND CANNOT BE BROUGHT AS A CLASS ACTION OR CLASS ARBITRATION.
FRANCHISEE WAIVES ANY RIGHT TO PROCEED AGAINST FRANCHISOR (AND FRANCHISOR'S AFFILIATES, STOCKHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) BY WAY OF CLASS ACTION, A CLASS ARBITRATION, OR BY WAY OF A MULTI-PLAINTIFF, CONSOLIDATED OR COLLECTIVE ACTION.**
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to the 2025 My Salon Suite Franchise Disclosure Document, the franchise agreement includes a waiver of the right to a jury trial. Specifically, both the franchisor and franchisee agree to waive their rights to a jury trial in any legal action, proceeding, or counterclaim, regardless of who initiates the lawsuit. This waiver applies to any matter related to the franchise agreement, the performance of either party, and the franchisee's purchases from My Salon Suite or its affiliates.
This jury trial waiver means that any disputes arising between My Salon Suite and the franchisee will be decided by a judge rather than a jury. This can have significant implications for the cost and complexity of legal proceedings. Jury trials are often more expensive and time-consuming than bench trials (trials before a judge only). Some parties prefer a judge's decision due to their legal expertise, while others prefer a jury of their peers.
Additionally, the My Salon Suite franchise agreement also includes a waiver of class or group action, meaning that any disagreement between the franchisor and franchisee must be considered unique and cannot be brought as a class action or class arbitration. The franchisee waives any right to proceed against My Salon Suite by way of class action, a class arbitration, or by way of a multi-plaintiff, consolidated or collective action.
It is important for prospective My Salon Suite franchisees to understand the implications of these waivers before signing the franchise agreement, as it affects their legal rights in case of a dispute with the franchisor.