Does Casiola's waiver of jury trial apply to all actions, proceedings, or counterclaims, regardless of whether they are legal actions, in mediation, or in arbitration?

According to Casiola's 2024 Franchise Disclosure Document, the franchise agreement includes a waiver of jury trial. This waiver means that both Casiola and the franchisee agree to give up their right to have a jury decide any disputes.

The waiver applies broadly to any action, proceeding, or counterclaim, regardless of whether it is a legal action, in mediation, or in arbitration. This means that any type of dispute resolution process is covered by the waiver.

This waiver has significant implications for a prospective franchisee. By signing the franchise agreement, the franchisee is giving up a fundamental right to have a jury trial in the event of a dispute with Casiola. This could potentially disadvantage the franchisee, as a judge or arbitrator may be more likely to side with the franchisor. Franchisees should carefully consider the implications of this waiver before signing the agreement.