How much prior written notice is required for Aw to revoke a waiver?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
Either you or the Company may, by written instrument, unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Any waiver granted by us will be without prejudice to any other rights we may have, will be subject to our continuing review, and may be revoked, in our sole discretion, at any time and for any reason, effective upon delivery to you of ten (10) days prior written notice.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, Aw can revoke a waiver that it granted. Aw must provide the franchisee with ten days prior written notice. The waiver revocation is at Aw's sole discretion, can occur at any time, and can be for any reason.
This means that even if Aw has previously waived a specific requirement or obligation for a franchisee, it retains the right to reinstate that requirement with only ten days' notice. This could impact a franchisee's operations if they have come to rely on the waiver. For example, if Aw waived a certain marketing requirement for a period, they could reinstate it with the ten-day notice, potentially requiring the franchisee to quickly adjust their marketing plans and budget.
Franchisees should carefully consider the implications of this clause and understand that any waivers granted by Aw are not permanent and can be revoked with limited notice. This is a fairly standard practice in franchising, as it allows the franchisor to maintain control over the brand and ensure consistency across all locations, while also providing some flexibility to address specific franchisee situations through waivers. However, the short notice period means franchisees must be prepared to adapt quickly to changes in requirements.