Is Big Apple Bagels responsible for any damages if it denies a franchisee's request for a waiver?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- ii. Franchisor makes no warranties or guaranties upon which Franchisee may rely, and assumes no liability or obligation to Franchisee, by granting any
- waiver, approval or consent to Franchisee, or by reason of any neglect, delay or denial of any request therefor.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, the franchisor assumes no liability to the franchisee by denying a request for a waiver. Big Apple Bagels makes no warranties or guarantees that a franchisee may rely upon when granting a waiver.
This means that if Big Apple Bagels denies a franchisee's request for a waiver of some obligation or restriction under the Franchise Agreement, the franchisee cannot hold Big Apple Bagels liable for any damages or losses that may result from the denial. The franchisee bears the risk of any adverse consequences stemming from the denial of a waiver.
This clause protects Big Apple Bagels from potential lawsuits or claims by franchisees who may argue that they suffered financial harm or other damages because a waiver was not granted. It reinforces the franchisor's right to enforce the terms of the Franchise Agreement and to make decisions regarding waivers without fear of liability, providing Big Apple Bagels with greater flexibility in managing its franchise system and ensuring compliance with its standards and procedures.