Does the Illinois Rider allow for waiver of a jury trial in all cases related to the Cicis franchise?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
domiciled in the State of Illinois, or (b) the offer of the franchise is made or accepted in the State of Illinois and the Cicis Buffet Restaurants or Cicis To Go Restaurants that you develop under your Area Development Agreement are or will be located in | | | This Rider supersedes any inconsistent or | | | the State of Illinois. | | | | | | | | 2. WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL. The following language is added to the end of Section 9.C. ("Waiver of Punitive Damages and Jury Trial") of the Area Development Agreement:
However, this Section shall not act as a condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Illinois Franchise Disclosure Act at Section 705/41 or Illinois regulations at Section 200.609.
- LIMITATIONS OF CLAIMS. Section 9.F. ("Limitation of Claims") of the Area Development Agreement is amended by adding the following:
However, nothing contained in this Section shall constitute a condition, stipulation, or provision purporting to bind any person to waive compliance with any provision of the Illinois Franchise Disclosure Act at Section 705/27 or any other law of the State of Illinois, to the extent applicable.
- ILLINOIS FRANCHISE DISCLOSURE ACT. The following is added to the end of the Area Development Agreement:
Except for the U.S. Federal Arbitration Act and other federal laws in the U.S., the laws of the State of Illinois will govern this Agreement.
Section 4 of the Illinois Franchise Disclosure Act provides that any provision in an area development agreement that designates jurisdiction outside the State of Illinois is void.
However, an area development agreement may provide for dispute resolution outside of Illinois.
Section 41 of the Illinois Franchise Disclosure Act provides that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Franchisee's rights upon termination and non-renewal of an area development agreement are subject to sections 19 and 20 of the Illinois Franchise Disclosure Act.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 58–64)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, the Illinois Rider does not allow for a blanket waiver of a jury trial in all cases related to the Cicis franchise. The Illinois Franchise Disclosure Act includes provisions that protect franchisees from waiving compliance with the Act or other Illinois laws.
Specifically, the language added to both the Franchise Agreement and the Area Development Agreement states that no condition, stipulation, or provision can bind a person to waive compliance with the Illinois Franchise Disclosure Act or any other law of the State of Illinois. This means that while a standard franchise agreement might include a clause for waiving a jury trial, the Illinois Rider ensures that such a waiver cannot force a franchisee to forfeit their rights under Illinois law.
This protection is significant for prospective Cicis franchisees in Illinois, as it ensures they retain their legal rights and options within the state's jurisdiction, regardless of any conflicting terms in the standard franchise agreement. Franchisees should consult with legal counsel to fully understand their rights and the implications of these provisions.