Under the Angry Chickz agreement, what happens if the Developer requests a waiver of an obligation?
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 the 2025 Angry Chickz Franchise Disclosure Document, the company will consider written requests from a developer for a waiver of any obligation imposed by the Area Development Agreement. However, Angry Chickz is not required to act uniformly regarding waivers, requests, and consents, and each request will be considered individually.
The FDD states that Angry Chickz is not required to grant any waiver request. Any waiver granted by Angry Chickz is without prejudice to any other rights the company may have. The waiver will be subject to continuing review by Angry Chickz and may be revoked at any time and for any reason, at the company's discretion.
Angry Chickz makes no warranties or guarantees upon which the developer may rely and assumes no liability or obligation to the developer by providing any waiver, approval, acceptance, consent, assistance, or suggestion in connection with the Area Development Agreement, or by reason of any neglect, delay, or denial of any request. This means that even if a waiver is granted, Angry Chickz retains the right to change its decision and is not liable for any consequences resulting from the waiver or its subsequent revocation.
In practical terms, this clause provides Angry Chickz with significant flexibility and control over the Area Development Agreement. While a developer can request a waiver, there is no guarantee it will be granted, and any granted waiver can be revoked. This underscores the importance of carefully understanding and being prepared to meet all obligations outlined in the Area Development Agreement.