What does the Washington Addendum say about a Moes Southwest Grill franchisee's right to a jury trial?

According to the 2025 Moe's Southwest Grill FDD, the Washington Addendum does not explicitly address a franchisee's right to a jury trial. However, it does state that if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington. This implies that if the franchise agreement does not contain a clause preventing litigation, a franchisee in Washington can pursue legal action in Washington courts.

This is significant because many franchise agreements include clauses that mandate arbitration to resolve disputes, which would prevent a franchisee from pursuing a jury trial. The Washington Addendum modifies the franchise agreement to allow a franchisee to bring an action or proceeding in Washington if litigation is not precluded by the franchise agreement.

Prospective Moe's Southwest Grill franchisees in Washington should carefully review the franchise agreement, specifically Item 17, and the Washington Addendum with legal counsel to understand their rights regarding dispute resolution and their ability to pursue litigation and potentially a jury trial in Washington. They should inquire with Moe's Southwest Grill about whether the franchise agreement precludes litigation.