What is the Developer prohibited from relying on regarding the Big Apple Bagels franchise?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- (2) Franchisor makes no warranties or guarantees upon which Developer may rely, and assumes no liability or obligation to Developer, by granting any waiver, approval, or consent to Developer, or by reason of any neglect, delay, or denial of any request therefor.
Any waiver granted by Franchisor shall be without prejudice to any other rights Franchisor may have, will be subject to continuing review by Franchisor, and may be revoked, in Franchisor's sole discretion, at any time and for any reason, effective upon delivery to Developer of ten (10) days' prior written notice.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, the Developer cannot rely on any warranties or guarantees from Big Apple Bagels. Specifically, Big Apple Bagels assumes no liability to the Developer by granting any waiver, approval, or consent. This also applies to any neglect, delay, or denial of any request made by the Developer.
Any waiver granted by Big Apple Bagels is without prejudice to any other rights they may have. These waivers are subject to continuing review and can be revoked at any time, for any reason, at Big Apple Bagels' sole discretion. The revocation becomes effective upon delivery of ten days' prior written notice to the Developer.
This clause protects Big Apple Bagels from potential legal claims or liabilities arising from decisions made regarding the franchise operation. It also gives Big Apple Bagels significant flexibility in managing the franchise relationship, as they can change their position on waivers or approvals as needed. Prospective developers should carefully consider this provision and its implications for their business operations and relationship with Big Apple Bagels.