Is Angry Chickz required to grant a franchisee's request for a waiver of an obligation?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
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, Angry Chickz is not required to grant a franchisee's request for a waiver of any obligation. While Angry Chickz will consider written requests from franchisees for a waiver of obligations, the document explicitly states that Angry Chickz is not obligated to act uniformly regarding waivers, requests, and consents. Each request is evaluated individually.
This means that even if a franchisee has a compelling reason for needing a waiver, Angry Chickz has the discretion to deny the request. This clause protects Angry Chickz's ability to enforce the franchise agreement and maintain brand standards consistently across all locations. It also allows Angry Chickz to consider the specific circumstances of each request without setting a precedent for future waivers.
Furthermore, any waiver granted by Angry Chickz is subject to ongoing review and can be revoked at any time, for any reason, with just 10 days' prior written notice to the franchisee. This condition adds another layer of uncertainty for the franchisee, as a previously granted waiver can be rescinded. Angry Chickz also makes no warranties or guarantees upon which a franchisee may rely, and assumes no liability or obligation to the franchisee by providing any waiver, approval, acceptance, consent, assistance, or suggestion to the franchisee in connection with the Franchise Agreement, or by reason of any neglect, delay, or denial of any request.
Prospective Angry Chickz franchisees should carefully consider this clause and understand that requesting a waiver does not guarantee approval. They should also be aware that any waiver granted can be revoked, potentially requiring them to comply with the original obligation on short notice. This highlights the importance of fully understanding and being prepared to meet all obligations outlined in the franchise agreement.