Must a waiver to the provisions of the Afuri Ramen Dumpling agreement be in writing?

According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, any waiver to the provisions of the franchise agreement must be set forth in writing and signed by the party granting the waiver. This means that any agreement by Afuri Ramen Dumpling to overlook or excuse a franchisee's failure to comply with the terms of the franchise agreement is only valid if documented in a written and signed format.

This requirement protects both the franchisor and the franchisee. For Afuri Ramen Dumpling, it ensures that waivers are formally documented and prevents misunderstandings or disputes about whether a waiver was actually granted. For the franchisee, it provides assurance that a waiver is officially recognized and enforceable, preventing Afuri Ramen Dumpling from later claiming that a verbal agreement to waive a certain requirement is not valid.

The FDD also states that any waiver granted by Afuri Ramen Dumpling does not prejudice any other rights they may have and is subject to continuing review. Afuri Ramen Dumpling retains the right to revoke any waiver at their sole discretion, at any time, and for any reason, with 10 days' prior written notice to the franchisee. This clause emphasizes that waivers are not permanent and can be withdrawn, so franchisees should not rely on them indefinitely. Additionally, the document specifies that customs or practices that deviate from the agreement's terms do not constitute a waiver of Afuri Ramen Dumpling's right to demand strict compliance with the original terms.