Does the Amorino franchise agreement include a waiver of jury trial for legal disputes?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- F. WAIVER OF JURY TRIAL. WE AND YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER OF THEM AGAINST THE OTHER, WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, both Amorino and the franchisee irrevocably waive their rights to a jury trial. This waiver applies to any action, proceeding, or counterclaim, whether based in law or equity, brought by either party against the other. The waiver remains in effect regardless of whether other parties are involved in the legal action. This means that any disputes arising under the franchise agreement will be resolved by a judge rather than a jury.
Such waivers are relatively common in franchise agreements. Franchise systems often prefer to avoid jury trials because they can be unpredictable and potentially lead to inconsistent outcomes. A judge is often perceived to be more familiar with contract law and business practices, which could lead to a more predictable and equitable resolution.
By agreeing to this waiver, a prospective Amorino franchisee gives up the right to have a jury of their peers decide any legal disputes they may have with the franchisor. This could be a significant consideration for franchisees who believe a jury would be more sympathetic to their case than a judge. Franchisees should consult with an attorney to fully understand the implications of this waiver before signing the franchise agreement.