Does the jury waiver for Americas Best Value Inn apply to all claims against all parties?
Americas_Best_Value_Inn Franchise · 2025 FDDAnswer from 2025 FDD Document
THE MAKER AND THE HOLDER HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH THE MAKER AND THE HOLDER MAY BE PARTIES, ARISING OUT OF OR IN ANY WAY PERTAINING TO THIS NOTE.
IT IS AGREED AND UNDERSTOOD THAT THIS WAIVER CONSTITUTES A WAIVER OF TRIAL BY JURY OF ALL CLAIMS AGAINST ALL PARTIES TO SUCH ACTIONS OR PROCEEDINGS, INCLUDING CLAIMS AGAINST PARTIES WHO ARE NOT PARTIES TO THIS NOTE.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to the 2025 Americas Best Value Inn Franchise Disclosure Document, the jury waiver within the context of the 'Note' applies broadly. Specifically, the agreement states that the waiver covers all claims against all parties involved in actions or proceedings related to the 'Note,' including parties who are not directly part of the 'Note' itself. This means that by signing the 'Note,' both the maker and the holder agree to waive their right to a jury trial for any disputes arising from or pertaining to the 'Note.'
This waiver extends beyond just the immediate parties, impacting potential legal actions involving other entities connected to the 'Note.' For a prospective Americas Best Value Inn franchisee, this implies that any legal disputes connected to this 'Note' will be resolved through a bench trial (i.e., a trial by judge), rather than a jury trial. This can affect the strategy and potential outcomes of any legal proceedings related to the 'Note.'
It is important for a potential Americas Best Value Inn franchisee to understand the implications of waiving their right to a jury trial, as it can significantly alter the course of legal proceedings. Jury trials are often perceived as being more sympathetic to the average person, while bench trials are seen as more predictable and focused on legal technicalities. Franchisees should seek legal counsel to fully understand the risks and benefits before agreeing to such a waiver.