Are Embassy Suites By Hilton franchisees required to waive their right to a trial by jury?

According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, franchisees are generally required to waive their right to a trial by jury. Specifically, Section 17.1 of the franchise agreement states that all parties waive their right to a jury trial if litigation is initiated involving the agreement or the relationship between the parties. This waiver applies even if other parties or claims are included in the litigation. This requirement is fairly standard in franchise agreements across many industries.

However, there are exceptions to this waiver depending on the franchisee's location. For instance, the Illinois Addendum to the Franchise Agreement specifies that the jury trial waiver in Subsection 17.1 does not constitute a waiver of any right conferred upon the franchisee by the Illinois Franchise Disclosure Act. Similarly, the Minnesota Addendum states that Minn. Rule 2860-4400J prohibits waiver of a jury trial, and therefore Subsection 17.1 of the Franchise Agreement is deleted in its entirety for Minnesota franchisees.

Furthermore, the Maryland Addendum to the Franchise Agreement indicates that Subsection 17.1, which requires franchisees to waive their right to a trial by jury, is deleted in its entirety for Maryland franchisees. This means that franchisees in Illinois, Minnesota, and Maryland would retain their right to a jury trial, notwithstanding the general waiver provision in the franchise agreement. It is important for prospective franchisees to carefully review any state-specific addenda to understand their rights fully.