Does the Checkersrallys franchise agreement allow for a jury trial in matters arising from the agreement?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
18.07 Jurisdiction and Venue.SUBJECT TO SECTION 18.05 ABOVE AND THE PROVISIONS BELOW, YOU AND YOUR OWNERS IRREVOCABLY AGREE THAT: (A) ALL ACTIONS ARISING UNDER THIS AGREEMENT OR OTHERWISE AS A RESULT OF THE RELATIONSHIP BETWEEN FRANCHISEE AND FRANCHISOR MUST BE COMMENCED IN THE STATE OR FEDERAL COURT OF GENERAL JURISDICTION LOCATED CLOSEST TO OUR THEN CURRENT CORPORATE HEADQUARTERS (CURRENTLY TAMPA, FLORIDA); AND (B) ANY SUCH MATTER SHALL BE TRIED BY AND TO THE COURT SITTING WITHOUT A JURY, AND YOU WAIVE ANY RIGHT TO A JURY TRIAL. YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT YOU MAY LAWFULLY DO SO, THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH SUIT, ACTION OR PROCEEDING, AND AGREE THAT SERVICE OF PROCESS FOR PURPOSES OF ANY SUCH SUIT, ACTION OR PROCEEDING NEED NOT BE PERSONALLY SERVED OR SERVED WITHIN THE STATE OF FLORIDA, BUT MAY BE SERVED WITH THE SAME EFFECT AS IF YOU WERE SERVED WITHIN THE STATE OF FLORIDA, BY CERTIFIED MAIL OR ANY OTHER MEANS PERMITTED BY LAW ADDRESSED TO YOU AT THE ADDRESS SET FORTH HEREIN. NONETHELESS, FRANCHISEE AND FRANCHISEE'S OWNERS AGREE THAT FRANCHISOR MAY ENFORCE THIS AGREEMENT AND ANY ARBITRATION ORDERS AND
AWARDS IN THE COURTS OF THE STATE OR STATES IN WHICH FRANCHISEE IS DOMICILED OR THE FRANCHISED BUSINESS IS LOCATED**.**
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, franchisees waive their right to a jury trial. Specifically, the agreement states that any matter arising from the relationship between the franchisee and franchisor will be tried by the court without a jury. This means that if a franchisee has a dispute with Checkersrallys that leads to a lawsuit, the case will be decided by a judge rather than a jury.
This waiver is comprehensive, as it applies to all actions arising under the agreement or as a result of the franchisee-franchisor relationship. The franchisee also waives the right to claim an inconvenient forum, agreeing that any legal action must be initiated in the state or federal court closest to Checkersrallys's corporate headquarters, which is currently in Tampa, Florida.
However, Checkersrallys retains the right to enforce the agreement and any arbitration orders or awards in the courts of the state where the franchisee is domiciled or where the franchised business is located. This provides Checkersrallys with some flexibility in pursuing legal action against the franchisee, while the franchisee is bound to the jurisdiction near Checkersrallys's headquarters for initial actions. This jury trial waiver and venue selection are common in franchise agreements to provide the franchisor with a consistent and predictable legal environment.