Can Annex Brands withdraw a waiver at its sole discretion?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
B. WAIVER OF OBLIGATIONS. Franchisor and Franchisee may by written instrument waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon giving written notice thereof to the other or upon such other effective date stated in the notice of waiver. Any waiver granted by Franchisor will be without prejudice to any other rights Franchisor may have, will be subject to continuing review by Franchisor and may be withdrawn, in Franchisor's sole discretion, effective upon giving Franchisee 30 days' prior written notice of withdrawal.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to Annex Brands' 2025 Franchise Disclosure Document, Annex Brands can withdraw a waiver that it has granted to a franchisee. The waiver withdrawal is effective once Annex Brands provides the franchisee with 30 days' prior written notice.
This means that if Annex Brands chooses to waive a specific requirement or obligation for a franchisee, it retains the right to reinstate that requirement later. The franchisee needs to be aware that any waivers granted are not permanent and can be revoked with a 30-day notice. This allows Annex Brands to maintain flexibility in enforcing its franchise agreement and operational standards.
This clause protects Annex Brands' interests by ensuring that it can adapt to changing circumstances or address any issues that may arise despite a previously granted waiver. For a prospective franchisee, this highlights the importance of understanding the terms of any waivers and the potential for those waivers to be withdrawn during the franchise term.