Does a delay in exercising any right or remedy by Angry Chickz operate as a waiver of such right or remedy?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
ny interest therein and, notwithstanding any assignment(s) or transfer(s), the Obligations shall be and remain Obligations for the purpose of this Continuing Guaranty. Each and every immediate and successive assignee or transferee of any of the Obligations or of any interest therein shall, to the extent of such party's interest in the Obligations, be entitled to the benefits of this Continuing Guaranty to the same extent as if such assignee or transferee were Franchisor.
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- Indulgences Not Waivers. No delay in the exercise of any right or remedy shall operate as a waiver of the such right or remedy, and no single or partial exercise by Franchisor of any right or remedy shall preclude other or further exercise of such right or remedy or the exercise of any other right or remedy; nor
shall any modification or waiver of any of the provisions of this Continuing Guaranty be binding upon Franchisor, except as expressly set forth in a writing signed by Franchisor. No action of Franchisor permitted under this Continuing Guaranty shall in any way affect or impair the rights of Franchisor or the obligations of Guarantor under this Continuing Guaranty.
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- Financial Condition Of Franchisee. Guarantor represents and warrants that it is fully aware of the financial condition of Franchisee, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of Franchisee's financial condition.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Angry Chickz's 2025 Franchise Disclosure Document, a delay in exercising any right or remedy does not act as a waiver of that right or remedy. Furthermore, if Angry Chickz only partially exercises a right or remedy, it does not prevent them from further exercising that right or remedy, or from exercising any other right or remedy available to them. This protects Angry Chickz's ability to enforce the franchise agreement terms fully, even if there have been prior delays or partial actions.
This provision is designed to protect Angry Chickz from inadvertently losing its rights due to leniency or delay in enforcement. For a franchisee, this means that Angry Chickz can act on any violation of the franchise agreement at any time, regardless of past inaction. Franchisees should be aware that Angry Chickz's rights remain active even if they are not immediately enforced.
Additionally, any modifications or waivers to the Continuing Guaranty must be in writing and signed by Angry Chickz to be binding. This ensures that any changes to the agreement are formally documented and agreed upon. The document also states that any action taken by Angry Chickz under the Continuing Guaranty will not affect their rights or the obligations of the guarantor. This clause reinforces the franchisor's rights and the guarantor's responsibilities under the agreement.
Angry Chickz also retains the right to cure defaults on behalf of the franchisee without waiving any claims for default or breach. The cost of such cures will be charged to the franchisee. This allows Angry Chickz to step in and rectify issues, ensuring brand standards are maintained, while still holding the franchisee accountable for the underlying default.