factual

If Beef O Bradys provides a waiver or consent, does it assume any liability or obligation?

Beef_O_Bradys Franchise · 2025 FDD

Answer from 2025 FDD Document

Approval and Consents. Whenever this Agreement requires our advance approval, agreement or consent, you agree to make a timely written request for it. Our approval or consent will not be valid unless it is in writing. If we provide to you any waiver, approval, consent, or suggestion, or if we neglect or delay our response or deny any request for any of those, we will not be deemed to have made any warranties or guarantees which you may rely on, and will not assume any liability or obligation to you.

Source: Item 23 — RECEIPTS. (FDD pages 66–330)

What This Means (2025 FDD)

According to Beef O Bradys's 2025 Franchise Disclosure Document, if Beef O Bradys provides a waiver, approval, consent, or suggestion to a franchisee, or if they neglect or delay their response or deny any request, it will not be deemed to have made any warranties or guarantees which the franchisee may rely on. Furthermore, Beef O Bradys will not assume any liability or obligation to the franchisee in such instances. This means that any actions or inactions by Beef O Bradys regarding approvals or waivers do not create any grounds for the franchisee to hold Beef O Bradys liable.

This provision protects Beef O Bradys from potential legal claims based on their decisions or responses to franchisee requests. It ensures that franchisees cannot argue they relied on a perceived warranty or guarantee based on Beef O Bradys's actions. This is a fairly standard clause in franchise agreements, designed to limit the franchisor's exposure to liability from their discretionary decisions.

For a prospective Beef O Bradys franchisee, this means they should not assume that any approval, consent, or suggestion from Beef O Bradys constitutes a guarantee or warranty. Franchisees should conduct their own due diligence and not solely rely on the franchisor's input when making business decisions. This clause underscores the importance of independent decision-making and risk assessment for the franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.