Does the Anago franchise agreement include a waiver of jury trial for claims made between the parties?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Y PUNITIVE, EXEMPLARY OR MULTIPLE DAMAGES AGAINST THE OTHER AND AGREE THAT, IN THE EVENT OF A DISPUTE BETWEEN FRANCHISOR AND SUBFRANCHISOR, THE PARTY MAKING A CLAIM WILL BE LIMITED TO EQUITABLE RELIEF AND TO RECOVERY OF ANY ACTUAL DAMAGES IT SUSTAINS.
Section 13.7 - WAIVER OF JURY TRIAL
THE PARTIES WILLINGLY WAIVE THE RIGHT EITHER PARTY MAY HAVE TO A TRIAL BY JURY FOR ANY CLAIMS MADE BETWEEN THEM, INCLUDING CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, THE NEGOTIATION OF THIS AGREEMENT, OR THE BUSINESS RELATIONSHIP RELATING TO THIS AGREEMENT, WHETHER NOW EXISTING OR LATER ARISING IN THE FUTURE, INCLUDING ALL CLAIMS, DEFENSES, COUNTERCLAIMS, CROSSCLAIMS, THIRD PARTY CLAIMS AND INTERVENOR'S CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, THE BUSINESS RELATIONSHIP, OR THE SALE, NEGOTIATION, EXECUTION, OR PERFORMANCE OF THE TRANSACTIONS TO WHICH THIS AGREEMENT RELATES.
Section 13.8 - LIMITATION OF ACTIONS
SUBFRANCHISOR AND SUBFRANCHISOR'S OWNERS AGREE NOT TO BRING ANY CLAIM ASSERTING THAT ANY OF THE MARKS ARE GENERIC OR OTHERWISE INVALID.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial for claims made between the parties. Section 13.7 of the agreement explicitly states that both parties willingly waive their right to a trial by jury for any claims made between them. This waiver applies to claims directly or indirectly related to the agreement, its negotiation, or the business relationship. This includes all claims, defenses, counterclaims, crossclaims, third-party claims, and intervenor's claims.
This means that any disputes arising between Anago and the franchisee will be resolved without a jury trial, potentially leading to a quicker and less expensive resolution process. However, it also means the franchisee gives up the right to have a jury of their peers decide the outcome of a dispute, which some may see as a disadvantage. Franchisees should consider the implications of waiving this right, as jury trials can sometimes be more favorable to the franchisee depending on the circumstances.
Additionally, the Guaranty signed by the guarantor also contains a waiver of the right to a jury trial. Specifically, the guarantor expressly waives the right to a trial by jury for any claims relating directly or indirectly to the Guaranty and/or the Anago Agreements, the negotiation of the Guaranty and/or the Anago Agreements, or the business relationship relating to or arising out of the Guaranty and/or the Anago Agreements. This waiver extends the jury trial waiver beyond just the franchisee to include any individual acting as a guarantor for the franchisee's obligations.