factual

Does the Pump It Up franchise agreement allow for a trial by jury in disputes?

Pump_It_Up Franchise · 2025 FDD

Answer from 2025 FDD Document

You and we waive, to the fullest extent permitted by law, the right to trial by Jury.

Source: Item 23 — RECEIPTS (FDD pages 60–225)

What This Means (2025 FDD)

According to the 2025 Pump It Up Franchise Disclosure Document, the franchise agreement includes a waiver of the right to a trial by jury. Specifically, both the franchisee and Pump It Up waive their rights to a jury trial to the fullest extent permitted by law. This means that any disputes arising from the franchise agreement would be resolved by a judge rather than a jury.

This waiver has significant implications for prospective Pump It Up franchisees. Jury trials can be more unpredictable and potentially more costly than bench trials (trials before a judge). By agreeing to waive the right to a jury trial, franchisees give up the opportunity to have their case decided by a panel of citizens. Instead, a judge will make the final determination, which may be seen as more predictable but also potentially less sympathetic to a franchisee's situation.

It is important for prospective Pump It Up franchisees to understand the implications of waiving their right to a jury trial. Franchisees should consider consulting with an attorney to discuss the potential benefits and risks of this waiver before signing the franchise agreement. This clause is relatively common in franchise agreements, but its impact can be substantial depending on the nature of any future disputes.

Disclaimer: This information is extracted from the 2025 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.