Does the Springhill Suites By Marriott agreement allow for a trial by jury in disputes?
Springhill_Suites_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
- Waiver of Trial by Jury.
The parties to this Agreement hereby waive trial by jury in any 13. action, proceeding or counterclaim bought by either party against the other pertaining to any matters whatsoever arising out of or in any way connected to this Agreement or the Shared Services.
- Attorneys' Fees.
In the event any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, results in arbitration or litigation, the prevailing party in such proceedings shall be entitled to recover from the losing party reasonable expenses, attorneys' fees and costs.
Source: Item 17 — , "Renewal, Termination, Transfer, and Dispute Resolution," is amended by the addition of the following paragraph(s) at the conclusion of the Item: (FDD pages 285–553)
What This Means (2025 FDD)
According to the 2025 Springhill Suites By Marriott Franchise Disclosure Document, franchisees waive their right to a jury trial. The agreement states that both parties waive their right to a trial by jury in any action, proceeding, or counterclaim brought against each other. This waiver applies to any matters arising out of or connected to the franchise agreement or the Shared Services.
This means that any legal disputes with Springhill Suites By Marriott will be resolved by a judge rather than a jury. This can impact the cost and complexity of legal proceedings, as jury trials tend to be longer and more expensive than bench trials. Franchisees should consider this when evaluating the potential risks and costs associated with the franchise.
In addition to waiving the right to a jury trial, the Springhill Suites By Marriott franchise agreement also addresses attorneys' fees. In the event of a controversy, claim, or dispute that results in arbitration or litigation, the prevailing party is entitled to recover reasonable expenses, attorneys' fees, and costs from the losing party. This provision can further influence the financial implications of any legal disputes arising from the franchise agreement.