Do Buona and its developers waive their rights to a trial by jury?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Developer and Franchisor have negotiated regarding a forum in which to resolve any disputes which may arise between them and have agreed to select a forum in order to promote stability in their relationship.
Therefore, if a claim is asserted in any legal proceeding involving Developer and/or any affiliate of Developer and Franchisor, its Affiliates and their respective officers, directors, members, managers, and employees, the parties agree that the exclusive venue for disputes between them shall be in the state and federal courts of Cook County, Illinois or in arbitration in Cook County, Illinois pursuant to this Article XII, and each party waives any objection they may have to the personal jurisdiction of or venue in the state and federal courts of Cook County, Illinois or to arbitration in Cook County, Illinois pursuant to this Article XII.
Franchisor, Franchisor's Affiliates, Developer and Developer's Affiliates each waive their rights to a trial by jury.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, both Buona and its developers agree to waive their rights to a trial by jury. This waiver is part of the agreement designed to foster a stable relationship between the parties.
Specifically, any legal proceedings involving the developer, its affiliates, Buona, and its affiliates will be subject to this waiver. This means that any disputes will be resolved either in the state and federal courts of Cook County, Illinois, or through arbitration in Cook County, Illinois, as the exclusive venue. Both parties also agree to waive any objections to personal jurisdiction or venue in these courts or to arbitration in Cook County.
This waiver of jury trial rights is a significant legal consideration for prospective Buona developers. It means that in the event of a dispute, the decision will be made by a judge or an arbitrator rather than a jury of peers. While this can potentially streamline the legal process, it also means relinquishing the right to have a jury decide the outcome of the case. Franchisees should carefully consider the implications of this waiver and consult with legal counsel to understand their rights and obligations.