Are there any provisions in the Zoomin Groomin franchise agreement that unreasonably restrict a franchisee's right to a jury trial?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
Minnesota Statutes, Section 80C.21 and Minnesota Rules 2860.4400(J) prohibit the franchisor from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes.
Waiver of Trial by Jury: Any waiver of a trial by jury will not apply to North Dakota Franchises.
Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 17 — g. of the Disclosure Document is modified to state that, in addition to the grounds for immediate termination specified in Item 17.h., the franchisor can terminate upon written notice and a 60 day opportunity to cure for a breach of the Franchise Agreement. (FDD pages 51–65)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, the franchise agreement's provisions regarding jury trials are subject to state laws that may protect a franchisee's right to a jury trial. For instance, Minnesota Statutes prohibit Zoomin Groomin from requiring a waiver of a jury trial for franchises governed by Minnesota law. Similarly, in North Dakota, any waiver of a trial by jury will not apply to North Dakota franchisees.
For Zoomin Groomin franchises in Washington, provisions in the franchise agreement or related agreements that unreasonably restrict or limit rights or remedies, such as the right to a jury trial under the Washington Franchise Investment Protection Act, may not be enforceable. This suggests that while the agreement might contain clauses that appear to limit a franchisee's right to a jury trial, these clauses may be superseded by state laws designed to protect franchisee rights.
Prospective Zoomin Groomin franchisees should be aware that the enforceability of any jury trial waiver depends heavily on the specific state laws governing their franchise agreement. Franchisees should consult with legal counsel to understand their rights and protections under applicable state franchise laws, especially concerning dispute resolution and jury trials.