Does the Azal Coffee agreement state that I knowingly waive any right I may have to a trial by jury?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
AFTER CONSULTING WITH MY ATTORNEY OR HAVING THE OPPORTUNITY TO DO SO, I KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY (AND WITHOUT DURESS OR COERCION) WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION BASED ON OR ARISING OUT OF THIS AGREEMENT OR BASED ON ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTION RELATING TO THIS AGREEMENT. I WILL NOT SEEK TO CONSOLIDATE, BY COUNTERCLAIM OR OTHERWISE, ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS WILL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY ME OR THE COMPANY EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY ME AND THE COMPANY.
Source: Item 23 — RECEIPTS (FDD pages 51–204)
What This Means (2024 FDD)
According to the 2024 Azal Coffee Franchise Disclosure Document, the agreement includes a clause where franchisees knowingly waive their right to a trial by jury. Specifically, the document states that after consulting with an attorney or having the opportunity to do so, the franchisee knowingly, voluntarily, and intentionally waives any right to a jury trial in any litigation related to the agreement. This waiver extends to any course of conduct, dealing, statements, or actions related to the agreement.
This means that as an Azal Coffee franchisee, you agree to resolve any disputes arising from the franchise agreement through means other than a jury trial, such as arbitration or a bench trial (where a judge makes the decision). You also agree not to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.
It is important to note that this provision will not be modified or relinquished unless both you and Azal Coffee execute a written instrument to that effect. Prospective franchisees should carefully consider the implications of waiving their right to a jury trial, as it can affect how legal disputes are resolved and may limit their legal options in the event of a disagreement with Azal Coffee.