What right do the Maker and Holder waive in any action pertaining to the Note for Sonesta Simply Suites?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- f.
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 FDD, both the Maker and the Holder in a Note pertaining to Sonesta Simply Suites waive their right to a trial by jury in any legal action or proceeding related to the Note. This waiver extends to all claims against all parties involved in such actions or proceedings, even those who are not direct parties to the Note itself.
This means that any disputes arising from the Note will be resolved by a judge rather than a jury. This can potentially expedite the legal process and reduce costs, as jury trials tend to be more lengthy and expensive. However, it also means that the decision will rest solely with the judge, without the input of a jury of peers.
For a prospective Sonesta Simply Suites franchisee, this waiver is a significant legal consideration. It is crucial to understand the implications of giving up the right to a jury trial, as it can affect how any future disputes related to the Note are resolved. Franchisees should consult with legal counsel to fully understand their rights and obligations under the Note and the potential consequences of this waiver.