factual

What is the subject of Section 18.6 of the Aw Franchise Agreement before the amendment regarding Aw franchises?

Aw Franchise · 2025 FDD

Answer from 2025 FDD Document

18.6. WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER PARTY.

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 concerns the waiver of a jury trial. Specifically, it states that each party irrevocably waives their right to a trial by jury in any action, proceeding, or counterclaim, whether at law or in equity, brought by either party.

This means that Aw franchisees agree to resolve any disputes with the franchisor through means other than a jury trial. This could include arbitration or a bench trial (where a judge makes the decision). Franchise agreements often include such waivers, as jury trials can be lengthy and expensive.

However, in this specific instance, the document also notes that this provision is amended with respect to any cause of action arising under the Illinois Franchise Disclosure Act. Therefore, the waiver of jury trial may not be enforceable for claims arising under that specific act if the franchisee is located in Illinois.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.