In the event of a dispute with Delta Hotels By Marriott, is the franchisee entitled to a jury trial?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE OR OTHER AGREEMENT | SUMMARY1 |
|---|---|---|
| v. Choice of forum | Sections 24.1.B, 24.1.C, and 24.5 | In any dispute, you waive the right to a jury trial. Arbitration proceedings will be conducted in Baltimore, Maryland. You consent to the non-exclusive jurisdiction of the courts of Maryland for disputes not subject to arbitration.7 |
| w. Choice of law | Section 24.1.A | Maryland law applies.7 |
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 111–120)
What This Means (2025 FDD)
According to Delta Hotels By Marriott's 2025 Franchise Disclosure Document, franchisees waive the right to a jury trial in the event of a dispute. Any arbitration proceedings will be conducted in Baltimore, Maryland. For disputes not subject to arbitration, franchisees consent to the non-exclusive jurisdiction of the courts of Maryland. This means that if a franchisee has a disagreement with Delta Hotels By Marriott that leads to legal action, the case will not be decided by a jury.
Instead, the dispute will be resolved through arbitration in Baltimore, Maryland, or, if arbitration does not apply, through the Maryland court system. The choice of law is also specified as Maryland law. This is a common practice in franchising, where franchisors often specify the legal jurisdiction and dispute resolution methods in the franchise agreement.
This clause has significant implications for prospective Delta Hotels By Marriott franchisees. It limits their legal options and requires them to handle disputes in a specific location and under specific legal conditions. Franchisees should carefully consider this provision and understand the potential costs and inconveniences associated with arbitrating or litigating in Maryland.