Can Big Apple Bagels revoke a previously granted waiver at any time?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor and Franchisee 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 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 Franchisee of ten (10) days' prior written notice.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, Big Apple Bagels has the right to revoke any previously granted waiver. The waiver revocation is at Big Apple Bagels' sole discretion, meaning they can decide to revoke it for any reason they deem appropriate.
Big Apple Bagels will provide the franchisee with ten days' prior written notice before the revocation takes effect. This allows the franchisee a short period to prepare for the change in obligations or restrictions that the waiver had previously altered.
This clause protects Big Apple Bagels' interests by ensuring that they can reinstate obligations if circumstances change or if they determine that the waiver is no longer beneficial to the franchise system. For a potential franchisee, this means that any benefit gained from a waiver is not guaranteed and can be taken away with limited notice, which could impact their business operations and profitability.