Does the Crave franchise agreement include a waiver of jury trial for any action, proceeding, or counterclaim brought by either party against the other?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.7 We and you irrevocably waive trial by jury in any action, proceeding, or counterclaim, whether at law or in equity, brought by either of us against the other.
Any and all claims and actions arising out of or relating to this Agreement, the relationship of you and us, or your operation of the Franchised Business, brought by either party hereto against the other, whether in arbitration, or a legal action, shall be commenced within two (2) years from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, the franchise agreement includes a clause where both Crave and the franchisee irrevocably waive their rights to a jury trial. This waiver applies to any action, proceeding, or counterclaim, whether based in law or equity, that either party brings against the other. This means that any disputes arising between Crave and a franchisee will be resolved without a jury trial.
This waiver extends to all claims and actions related to the Franchise Agreement, the relationship between Crave and the franchisee, or the operation of the franchised business. Furthermore, any such claims or actions must be initiated within two years from the date the facts giving rise to the claim occurred; otherwise, the claim is barred.
Such waivers are relatively common in franchise agreements. Franchisees should be aware of this provision as it significantly alters the dispute resolution process. Instead of presenting their case to a jury of their peers, disputes will likely be resolved through arbitration or by a judge, depending on the specific terms outlined in the franchise agreement.