Is a waiver granted by Aw without prejudice to any other rights Aw may have?
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, any waiver that Aw grants to a franchisee will not prevent Aw from exercising any other rights they possess. The waiver is subject to Aw's continuing review and can be revoked at any time, for any reason, at Aw's sole discretion. Aw must provide the franchisee with ten days prior written notice of the revocation.
This means that even if Aw chooses to waive a specific requirement or obligation for a franchisee, this does not constitute a permanent abandonment of that right. Aw retains the ability to enforce that right in the future, or to exercise other rights it may have under the agreement. This protects Aw's interests and ensures flexibility in managing the franchise system.
For a prospective Aw franchisee, this clause highlights the importance of understanding all obligations under the franchise agreement. Even if Aw initially waives a certain requirement, it is crucial to be prepared to comply with it in the future should the waiver be revoked. This clause underscores the franchisor's control and the franchisee's need to maintain consistent compliance with the agreement's terms.