Which section of the Aw franchise agreement is amended regarding the waiver of jury trial in Illinois?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
| 2. | 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 Aw's 2025 Franchise Disclosure Document, Section 18.6 of the franchise agreement, which addresses the "Waiver of Jury Trial," is amended for franchisees in Illinois. This amendment is related to the Illinois Franchise Disclosure Act. Specifically, the provision concerning the waiver of jury trial is void with respect to any cause of action arising under the Illinois Franchise Disclosure Act.
In practical terms, this means that while the standard Aw franchise agreement includes a clause where both Aw and the franchisee waive their right to a jury trial, this waiver does not apply to legal actions brought under the Illinois Franchise Disclosure Act. An Aw franchisee in Illinois retains the right to a jury trial for claims arising under that specific Illinois law, even though they waive that right for other types of disputes with Aw.
This modification is outlined in an addendum to the franchise disclosure document specifically for the state of Illinois. This addendum reflects the state's regulations and ensures that Aw's franchise agreement complies with Illinois law, which aims to protect franchisees' rights within the state. This type of state-specific addendum is a common practice in franchising to address variations in state laws.
Prospective Aw franchisees in Illinois should carefully review this addendum and understand their rights under the Illinois Franchise Disclosure Act. They should also consult with a legal professional to fully understand the implications of these amendments and how they affect their franchise agreement with Aw.