How does the Aw franchise agreement addendum modify the 'Waiver of Jury Trial' section for Illinois franchisees?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 18.6. of the Franchise Agreement on "Waiver of Jury Trial" is amended by adding the
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to the 2025 Aw Franchise Disclosure Document, Section 18.6 of the Franchise Agreement, which covers the "Waiver of Jury Trial," is amended for franchisees in Illinois. The addendum does not explicitly state that the waiver is removed or altered, but another section of the addendum indicates that any provision in the franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void, in conformance with Section 4 of the Illinois Franchise Disclosure Act. However, the franchise agreement may provide for arbitration to take place outside of Illinois.
In practical terms, this means that while Aw franchisees typically waive their right to a jury trial, Illinois franchisees may have the right to a jury trial for disputes arising within Illinois, due to the state's franchise laws. This modification aims to protect the rights of franchisees in Illinois under the Illinois Franchise Disclosure Act.
It is important to note that this modification regarding the waiver of jury trial applies specifically to Illinois franchisees, as indicated by the Rayyan Pizza Franchise LLC Addendum to Franchise Disclosure Document for the State of Illinois. Franchisees in other states may still be subject to the standard waiver of jury trial clause in the franchise agreement. Prospective franchisees should carefully review the state-specific addendum, if any, applicable to their state of residence to understand any modifications to the standard franchise agreement.