What is the effect of waiving the right to a jury trial in an action against Amorino?

According to Amorino's 2025 Franchise Disclosure Document, both Amorino and the franchisee irrevocably waive their right to a jury trial in any legal action, proceeding, or counterclaim against each other. This waiver applies regardless of whether the action is based in law or equity and even if other parties are involved in the same legal matter.

This waiver means that any disputes between the franchisee and Amorino will be resolved by a judge rather than a jury. Jury trials can be more time-consuming and expensive than bench trials (trials before a judge only). Jury verdicts can also be less predictable, as they are based on the opinions of laypersons rather than the legal expertise of a judge. By agreeing to this waiver, franchisees give up their right to have a jury decide the outcome of a dispute.

It is common for franchise agreements to include a waiver of jury trial rights. Franchise systems often prefer to have disputes resolved through arbitration or bench trials because they are generally faster, less expensive, and more predictable. Prospective franchisees should carefully consider the implications of waiving their right to a jury trial, as it could affect their ability to achieve a favorable outcome in a legal dispute with Amorino.