Does the Ella Cafe Guaranty include a waiver of trial by jury?

According to Ella Cafe's 2024 Franchise Disclosure Document, the Guaranty does include a waiver of trial by jury. Specifically, the guarantor waives their right to a jury trial in any legal action involving Ella Cafe. This waiver applies to any action, proceeding, or counterclaim, whether based in law or equity.

This means that if Ella Cafe and the guarantor have a dispute that leads to a lawsuit, the case will be decided by a judge rather than a jury. This can have significant implications for the outcome of the case, as a judge may have different perspectives and biases than a jury of peers. Jury trials can be more expensive and time-consuming than bench trials (trials before a judge only).

It is important for potential Ella Cafe franchisees and their guarantors to carefully consider this jury trial waiver and understand its potential impact on their legal rights. Franchisees should consult with an attorney to fully understand the implications of this provision before signing the franchise agreement and guaranty.