Does Big Apple Bagels provide any warranties or guarantees when granting a waiver to a developer?
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, Big Apple Bagels makes no warranties or guarantees upon which a developer may rely when granting any waiver, approval, or consent to the developer. This also applies to any neglect, delay, or denial of any request. Any waiver granted by Big Apple Bagels is without prejudice to any other rights Big Apple Bagels may have.
The waiver is subject to continuing review by Big Apple Bagels and may be revoked at Big Apple Bagels' sole discretion, at any time and for any reason. The revocation is effective upon delivery to the developer of ten days prior written notice.
This lack of warranty or guarantee is a significant point for potential developers. It means that any reliance on a waiver, approval, or consent from Big Apple Bagels is done at the developer's own risk. Big Apple Bagels retains the right to change its position, which could impact the developer's plans and investments. The ten-day notice provides some warning, but developers need to factor in this uncertainty when making decisions.