Is Angry Chickz required to act uniformly when considering waiver requests from Developers?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Angry Chickz Franchise Disclosure Document, Angry Chickz is not required to act uniformly when considering waiver requests from developers. The FDD states that each request will be considered on a case-by-case basis, and Angry Chickz is not required to grant any such request.
This means that Angry Chickz can approve or deny waiver requests at its discretion, without having to apply the same standards to all developers. This gives Angry Chickz flexibility in dealing with different situations and developers, but it also means that developers may not be able to predict how their waiver requests will be handled.
Furthermore, any waiver granted by Angry Chickz is subject to continuing review and may be revoked at any time for any reason, without creating any obligation to the developer. Angry Chickz makes no warranties or guarantees upon which a developer may rely and assumes no liability or obligation to the developer by providing any waiver, approval, acceptance, consent, assistance, or suggestion. This protects Angry Chickz from potential claims or liabilities arising from its decisions on waiver requests.
This type of clause is not uncommon in franchise agreements, as it allows the franchisor to maintain control and flexibility in its dealings with franchisees. However, prospective Angry Chickz developers should be aware of this provision and understand that there is no guarantee that their waiver requests will be approved, or that an approved waiver will not be revoked.