In the event of a dispute, does a Delta Hotels By Marriott franchisee have the right to a jury trial?

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. The FDD states that arbitration proceedings will be conducted in Baltimore, Maryland, and franchisees consent to the non-exclusive jurisdiction of the courts of Maryland for disputes not subject to arbitration.

This means that if a Delta Hotels By Marriott franchisee has a disagreement with the franchisor that leads to legal action, the case will likely be decided through arbitration rather than a traditional court trial with a jury. Arbitration typically involves a neutral third party who hears both sides of the argument and makes a binding decision. This process is often faster and less expensive than a jury trial.

However, the franchisee does have the right to have disputes not subject to arbitration heard in the courts of Maryland. The choice of law provision in the franchise agreement specifies that Maryland law will govern the interpretation and enforcement of the agreement. This is a common practice in franchising, where the franchisor often designates a specific jurisdiction for legal disputes.

For a prospective Delta Hotels By Marriott franchisee, it is important to understand the implications of waiving the right to a jury trial and consenting to jurisdiction in Maryland. This means that any legal disputes with the franchisor will be resolved in a specific forum and under a specific set of laws, which may or may not be advantageous to the franchisee depending on the nature of the dispute.