Does the Christies International Real Estate agreement include a waiver of trial by jury?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
- **13.4.
Waiver of Bond.** If we bring suit to enforce this Agreement by injunctive relief, you agree that no bond or other security is necessary and you hereby waive any requirement that we post bond to obtain a temporary, preliminary, or permanent injunction to enforce the duties set forth in this Agreement.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
Based on the 2025 Christies International Real Estate Franchise Disclosure Document, the agreement does not explicitly include a waiver of trial by jury. However, it does state that if Christies International Real Estate brings a suit to enforce the agreement by injunctive relief, the franchisee agrees that no bond or other security is necessary. The franchisee also waives any requirement that Christies International Real Estate post a bond to obtain a temporary, preliminary, or permanent injunction to enforce the duties set forth in the agreement.
This waiver of bond requirement means that if Christies International Real Estate seeks a court order (injunction) to stop a franchisee from violating the agreement (for example, a non-compete clause), the franchisee cannot demand that Christies International Real Estate put up money or assets as a guarantee against potential damages if the injunction is later found to be unjustified. This could potentially make it easier and less expensive for Christies International Real Estate to obtain an injunction against a franchisee.
While the agreement includes a waiver of bond, it is important to note that this is distinct from a waiver of trial by jury. The FDD excerpt does not state whether a franchisee waives their right to a jury trial in other types of disputes with Christies International Real Estate. A prospective franchisee should consult with a legal professional to fully understand their rights and obligations under the franchise agreement, including any potential limitations on their ability to seek legal recourse through a jury trial.