Does Angry Chickz's failure to exercise a right under the agreement constitute a waiver of that right?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.3 Waiver and Delay. No waiver by Company of any default or series of defaults in performance by Franchisee, and no failure, refusal or neglect of Company to exercise any right, power or option given to it under this or any other agreement between Company and Franchisee, whether entered into before, after or contemporaneously with the execution of this Agreement (and
whether or not related to the Franchised Business) or to insist upon strict compliance with or performance of Franchisee's obligations under this Agreement, any other franchise or license agreement between Company and Franchisee, whether entered into before, after or contemporaneously with the Effective Date (and whether or not related to the Franchised Business), shall constitute a waiver of the provisions of this Agreement or the Standards with respect to any subsequent default, or a waiver by Company of its right at any time thereafter to require exact and strict compliance. Company will consider written requests by Franchisee for Company's consent to a waiver of any obligation imposed by this Agreement. Franchisee agrees, however, that Company is not required to act uniformly with respect to waivers, requests and consents as each request will be considered on a case-by-case basis, and nothing shall be construed to require Company to grant any such request. Any waiver granted by Company shall be without prejudice to any other rights Company may have, will be subject to continuing review by Company, and may be revoked, in Company's discretion, at any time and for any reason, effective upon 10 days prior written notice to Franchisee. Company makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee by providing any waiver, approval, acceptance, consent, assistance, or suggestion to Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Angry Chickz Franchise Disclosure Document, a failure or neglect by Angry Chickz to exercise any right, power, or option provided in the agreement does not constitute a waiver of that right. This applies to any agreement between Angry Chickz and the franchisee, regardless of when it was established.
This means that even if Angry Chickz doesn't enforce a specific term of the franchise agreement for a period of time, they still retain the right to enforce it later. This protects Angry Chickz's ability to address any future non-compliance by the franchisee, even if past instances were overlooked.
Furthermore, Angry Chickz may consider written requests from franchisees for a waiver of any obligation imposed by the agreement. However, Angry Chickz is not obligated to act uniformly regarding waiver requests, as each request is reviewed individually. Any waiver granted is subject to ongoing review and can be revoked at any time, for any reason, with 10 days' prior written notice to the franchisee. This ensures Angry Chickz maintains flexibility in addressing individual franchisee situations while retaining control over brand standards and compliance.