Does the Aw franchise agreement include a waiver of jury trial?

According to Aw's 2025 Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial. Specifically, both Aw and the franchisee irrevocably waive their right to a jury trial in any legal action, proceeding, or counterclaim, whether based in law or equity. This means that any disputes arising between Aw and the franchisee will be resolved by a judge rather than a jury.

This waiver has significant implications for prospective Aw franchisees. By agreeing to the franchise agreement, franchisees give up their constitutional right to have a jury decide their case. Jury trials are often perceived as offering a more level playing field for individuals against larger corporations, as jurors may be more sympathetic to the individual's situation. Waiving this right means franchisees are subject to a judge's discretion, who may be more familiar with franchise law and business practices.

However, the FDD also notes that for franchisees in Illinois, some of these stipulations may not apply. Specifically, Section 18.6 regarding the "Waiver of Jury Trial" is amended for causes of action enforceable in Illinois under Section 4 of the Illinois Franchise Disclosure Act. This suggests that while a jury trial waiver is generally part of the Aw franchise agreement, Illinois franchisees may have the right to a jury trial for claims arising under the Illinois Franchise Disclosure Act.

Prospective franchisees should carefully consider the implications of waiving their right to a jury trial and consult with an attorney to understand their rights and options, particularly in light of any state-specific protections like those mentioned for Illinois. Understanding the dispute resolution process is crucial before entering into a franchise agreement with Aw.