Does Buona waive its right to a jury trial?
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 the Developer and Buona's Franchisor agree to waive their rights to a trial by jury. This waiver applies to any legal proceedings involving the Developer (franchisee) and the Franchisor, including their respective affiliates, officers, directors, members, managers, and employees. This means that any disputes between the parties will be resolved either in the state and federal courts of Cook County, Illinois, or through arbitration in Cook County, Illinois, as agreed upon in Article XII of the agreement.
This waiver is intended to promote stability in the relationship between Buona and its developers by establishing a clear and agreed-upon forum for dispute resolution. By waiving the right to a jury trial, both parties are agreeing to have their disputes decided by a judge or arbitrator, which may be seen as a more efficient and predictable process than a jury trial. The agreement specifies that the exclusive venue for disputes will be in Cook County, Illinois, and both parties waive any objections to personal jurisdiction or venue in those courts or to arbitration in Cook County.
For a prospective Buona franchisee, this means that if any legal disputes arise with Buona, the franchisee will not have the option of a jury trial. Instead, the dispute will be resolved either by a judge in Cook County, Illinois, or through arbitration in Cook County. Franchisees should consider the implications of waiving their right to a jury trial and consult with an attorney to understand their rights and options in the event of a dispute with Buona.