Does the jury trial waiver apply to Burneys Sweets More's affiliates?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
| JURY TRIAL AND CLASS ACTION WAIVER. FRANCHISOR AND | |
|---|---|
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE) IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION | |
| BROUGHT BY FRANCHISOR (AND ITS AFFILIATES, IF APPLICABLE) AND | |
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE). NEITHER FRANCHISEE (AND FRANCHISEE’S OWNERS, | |
| AFFILIATES, AND GUARANTORS, IF APPLICABLE) NOR FRANCHISOR SHALL | |
| SEEK TO BRING AN ACTION AGAINST ANY OF THE OTHER PARTIES EITHER AS | |
| A REPRESENTATIVE OF, OR ON BEHALF OF, ANY OTHER PERSON, CLASS, OR | |
| ENTITY. NO ACTION SHALL ADD AS A PARTY, BY CONSOLIDATION, JOINDER, | |
| OR IN ANY OTHER MANNER, ANY PERSON OR PARTY OTHER THAN | |
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE) AND FRANCHISOR (AND ITS AFFILIATES, IF APPLICABLE) AND | |
| ANY PERSON IN PRIVITY WITH, OR CLAIMING THROUGH, IN THE RIGHT OF, | |
| OR ON BEHALF OF, THEM, UNLESS BOTH FRANCHISEE AND FRANCHISOR | |
| CONSENT IN WRITING. FRANCHISOR HAS THE ABSOLUTE RIGHT TO REFUSE | |
| SUCH CONSENT. FRANCHISEE (AND ITS OWNERS, GUARANTORS, AND | |
| AFFILIATES, AS APPLICABLE) AGREES AND ACKNOWLEDGES THAT ANY | |
| ACTION WILL BE CONSIDERED UNIQUE ON ITS FACTS AND SHALL NOT BE | |
| BROUGHT AS A CLASS OR GROUP ACTION. FRANCHISEE (AND ITS OWNERS, | |
| GUARANTORS, AND AFFILIATES, AS APPLICABLE) MAY NOT BRING ANY | |
| ACTION ON A CLASS-WIDE BASIS (OR JOIN ANY THIRD-PARTY CLAIM). |
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the jury trial waiver applies to the franchisor's affiliates. The document states that both the franchisee and Burneys Sweets More, including their respective owners, affiliates, and guarantors, irrevocably waive their right to a jury trial in any action brought by either party. This waiver extends not only to the franchisee but also to their owners, affiliates, and guarantors, ensuring that all related parties are bound by the agreement to forgo a jury trial.
This provision also includes a class action waiver, preventing either the franchisee or Burneys Sweets More from bringing an action against the other as a representative of or on behalf of any other person, class, or entity. The clause restricts the addition of parties to any action, limiting it to the franchisee and Burneys Sweets More, along with their respective owners, affiliates, and guarantors, unless both parties provide written consent. Burneys Sweets More retains the absolute right to refuse such consent.
Furthermore, the franchisee agrees that any action will be considered unique and not brought as a class or group action, and they may not bring any action on a class-wide basis or join any third-party claim. This comprehensive waiver aims to streamline dispute resolution by limiting the scope and nature of potential legal actions, ensuring that disputes are handled individually and without the complexities of class action lawsuits.
For a prospective Burneys Sweets More franchisee, this means they are giving up their right to a jury trial if they have a dispute with the franchisor. This also extends to their owners, affiliates and guarantors. Franchisees should carefully consider the implications of waiving their right to a jury trial and the ability to participate in class action lawsuits, as it may affect their legal options in case of a dispute with Burneys Sweets More.