Is Angry Chickz obligated to grant any waiver request submitted by the Developer?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.4 Waiver and Delay.
No waiver by Company of any Default or Defaults, or series of Defaults in performance by Developer, and no failure, refusal or neglect of Company to exercise any right, power or option given to it hereunder or under any Franchise Agreement or other agreement between Company and Developer, whether entered into before, after or contemporaneously with the execution hereof (and whether or not related to the Restaurants), or to insist upon strict compliance with or performance of Developer's (or its Affiliates) obligations under this Agreement or any Franchise Agreement or other agreement between Company and Developer (or its Affiliates), whether entered into before, after or contemporaneously with the execution hereof (and whether or not related to the Restaurants), shall constitute a waiver of the provisions of this Agreement with respect to any continuing or subsequent Default or a waiver by Company of its right at any time thereafter to require exact and strict compliance with the provisions thereof.
Company will consider written requests by Developer for Company's consent to a waiver of any obligation imposed by this Agreement.
Developer 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.
Company makes no warranties or guarantees upon which Developer may rely and assumes no liability or obligation to Developer by providing any waiver, approval, acceptance, consent, assistance, or suggestion to Developer in connection with this Agreement, or by reason of any neglect, delay, or denial of any request.
Source: Item 23 — RECEIPTS (FDD pages 54–260)
What This Means (2025 FDD)
According to Angry Chickz's 2025 Franchise Disclosure Document, Angry Chickz is not required to grant any waiver request submitted by a developer. While Angry Chickz will consider written requests for waivers of obligations imposed by the agreement, they are not obligated to act uniformly regarding such requests. Each request is evaluated individually.
Any waiver granted by Angry Chickz is subject to ongoing review and can be revoked at any time, for any reason, at their discretion. This means that even if a waiver is initially granted, it is not a permanent guarantee and can be withdrawn by Angry Chickz.
Angry Chickz makes no warranties or guarantees regarding any waiver, approval, acceptance, consent, assistance, or suggestion provided to the developer. They assume no liability or obligation to the developer for providing or denying any request. This protects Angry Chickz from potential claims arising from their decisions related to waivers and ensures that developers cannot hold them responsible for any outcomes related to such waivers.