Under what circumstances is the 'Waiver of Jury Trial' provision void for Aw franchises in Illinois?

According to Aw's 2025 Franchise Disclosure Document, the 'Waiver of Jury Trial' provision in the franchise agreement is void with respect to any cause of action arising under the Illinois Franchise Disclosure Act. This means that if an Aw franchisee in Illinois brings a claim against the franchisor specifically under the Illinois Franchise Disclosure Act, the franchisee retains the right to a jury trial, despite any general waiver in the franchise agreement.

This protection is further reinforced by the addendum to the Franchise Disclosure Document for Illinois, which states that any provision purporting to bind a person to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void. This ensures that Aw franchisees in Illinois cannot be forced to give up their rights under Illinois law.

In practical terms, this means that Aw franchisees in Illinois have an important legal safeguard. If they believe Aw has violated the Illinois Franchise Disclosure Act, they can pursue their claims in court and have the matter decided by a jury. This is a significant benefit for franchisees, as it provides an avenue for resolving disputes with the franchisor while preserving their right to a jury trial under specific circumstances defined by Illinois law.