Does Buona or the franchisee waive their rights to a trial by jury?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee 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 Franchisee and/or any affiliate of Franchisee 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 XXIV, 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 XXIV.
Franchisor, Franchisor's Affiliates, Franchisee and Franchisee's Affiliates each waive their rights to a trial by jury.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, both Buona and the franchisee agree to waive their rights to a trial by jury. This waiver applies to any legal proceeding involving Buona, its affiliates, the franchisee, and the franchisee's affiliates, including their respective officers, directors, members, managers, and employees.
The FDD specifies that the exclusive venue for disputes will be in the state and federal courts of Cook County, Illinois, or in arbitration in Cook County, Illinois. By agreeing to this, both parties submit to the personal jurisdiction and venue within these courts or arbitration proceedings. This indicates that any legal battles or disagreements will be resolved either through a judge in Cook County or through arbitration, rather than a jury trial.
This waiver is intended to promote stability in the relationship between Buona and its franchisees by establishing a clear and agreed-upon process for dispute resolution. Franchisees should understand that they are giving up their right to have a jury decide their case if a dispute arises with Buona. This is a common practice in franchise agreements, as it can lead to quicker and potentially less expensive resolutions through arbitration or bench trials (trials by a judge).