How can the provisions regarding jury trial waiver in the Azal Coffee Agreement be modified or relinquished?
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 Azal Coffee's 2024 Franchise Disclosure Document, the franchisee knowingly, voluntarily, and intentionally waives any right to a trial by jury in any litigation related to the agreement. This waiver extends to any course of conduct, dealing, statements, or actions arising from the agreement. The franchisee also agrees not to consolidate any action in which a jury trial has been waived with any other action where a jury trial is possible.
According to the FDD, these jury trial waiver provisions will not be modified or relinquished unless both the franchisee and Azal Coffee execute a written instrument explicitly doing so. This requirement for a written agreement ensures that any changes to the jury trial waiver are intentional and documented by both parties.
This provision means that a franchisee gives up the right to a jury trial unless both the franchisee and Azal Coffee agree in writing to modify or relinquish the waiver. This is a significant legal right, and the FDD emphasizes the importance of consulting with an attorney before agreeing to the waiver. Prospective franchisees should carefully consider the implications of waiving their right to a jury trial and seek legal advice to fully understand their rights and obligations under the franchise agreement.