In any action or proceeding brought by either Cicis or the franchisee, is the right to a trial by jury waived?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Except for your obligation to indemnify us for third party claims under Section 8.B, we and you (and your owners) waive to the fullest extent permitted by law any right to or claim for
any punitive or exemplary damages against the other and agree that, in the event of a dispute between us and you, the party making a claim will be limited to equitable relief and to recovery of any actual damages it sustains. We and you irrevocably waive trial by jury in any action or proceeding brought by either of us.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, both Cicis and the franchisee (including the franchisee's owners) waive their right to a trial by jury in any legal action or proceeding brought by either party. This waiver is made to the fullest extent permitted by law.
This means that any disputes between Cicis and a franchisee will be resolved by a judge rather than a jury. This can affect the outcome of legal proceedings, as a judge's decision may differ from that of a jury. Jury trials can be more expensive and time-consuming than bench trials (trials before a judge only), so this waiver could potentially save both parties time and money in the event of a dispute.
However, the FDD also specifies that the waiver of punitive damages does not apply to the franchisee's obligation to indemnify Cicis for third-party claims under Section 8.B of the agreement. This exception suggests that in cases where Cicis is being held liable by a third party due to the franchisee's actions, the franchisee may still be subject to punitive damages, and the right to a jury trial may not be waived in those specific circumstances.