Does the jury trial waiver for the Note for Sonesta Simply Suites apply to all parties in an action?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
THE MAKER AND THE HOLDER HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH THE MAKER AND THE HOLDER MAY BE PARTIES, ARISING OUT OF OR IN ANY WAY PERTAINING TO THIS NOTE.
IT IS AGREED AND UNDERSTOOD THAT THIS WAIVER CONSTITUTES A WAIVER OF TRIAL BY JURY OF ALL CLAIMS AGAINST ALL PARTIES TO SUCH ACTIONS OR PROCEEDINGS, INCLUDING CLAIMS AGAINST PARTIES WHO ARE NOT PARTIES TO THIS NOTE.
Source: Item 23 — RECEIPTS (FDD pages 80–246)
What This Means (2025 FDD)
According to the 2025 Sonesta Simply Suites Franchise Disclosure Document, the jury trial waiver within the Note applies to all parties involved in actions or proceedings related to the Note, including those who are not direct parties to the Note itself. This means that by agreeing to the terms of the Note, both the Maker and the Holder waive their right to a jury trial for any claims arising from or pertaining to the Note.
This waiver extends beyond the immediate parties, encompassing claims against other entities connected to the actions or proceedings. This broad application could impact a franchisee's legal options in the event of a dispute, as it limits the ability to have their case decided by a jury. Instead, disputes would be resolved by a judge, which may have strategic implications depending on the nature of the claim and the legal environment.
It is important for a prospective Sonesta Simply Suites franchisee to fully understand the implications of this jury trial waiver, as it can significantly affect how legal disputes are resolved. Franchisees should consult with legal counsel to assess the potential impact of this provision on their rights and remedies. Understanding the scope and consequences of this waiver is a crucial part of making an informed decision about investing in a Sonesta Simply Suites franchise.