Do both Amorino and the franchisee waive trial by jury?
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.
- G. WAIVER OF PUNITIVE DAMAGES. WE AND YOU HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO OR CLAIM OF ANY PUNITIVE OR EXEMPLARY DAMAGES AGAINST THE OTHER AND AGREE THAT IN THE EVENT OF A DISPUTE BETWEEN THEM EACH SHALL BE LIMITED TO THE RECOVERY OF ANY ACTUAL DAMAGES SUSTAINED BY IT.
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 agree to waive their rights to a trial by jury. This means that any legal disputes arising between Amorino and the franchisee will be resolved by a judge rather than a jury. This waiver applies to any action, proceeding, or counterclaim, whether it is based in law or equity, and regardless of whether other parties are involved in the action.
This waiver is intended to streamline dispute resolution and potentially reduce legal costs. Jury trials can be lengthy and expensive, so waiving this right can lead to a faster and more efficient resolution process. However, it also means that the outcome of a dispute will be determined by a single judge, rather than a panel of jurors, which could impact the perceived fairness of the process.
In addition to waiving the right to a jury trial, Amorino and the franchisee also waive the right to claim punitive or exemplary damages against each other to the fullest extent permitted by law. This means that in the event of a dispute, neither party can seek damages intended to punish the other party for their actions. Instead, both parties are limited to recovering only the actual damages they have sustained.
These waivers are common in franchise agreements, as they provide a degree of predictability and control over the dispute resolution process. However, prospective franchisees should carefully consider the implications of these waivers before signing the agreement, as they may limit their legal options in the event of a dispute with Amorino.