Must a waiver of any provision of the Big O Tires Agreement be in writing?

According to the 2025 Big O Tires Franchise Disclosure Document, Big O Tires' consent to a transfer of the franchise does not constitute a waiver of any claims Big O Tires may have against the franchisee or transferring party. Furthermore, it does not waive Big O Tires' right to demand exact compliance with any provision of the agreement. This implies that any waiver of claims or rights must be explicitly stated and agreed upon, and the FDD does not specify that such waivers must be in writing to be effective.

This section is important for prospective franchisees because it clarifies that even if Big O Tires approves a transfer of the franchise to a new owner, Big O Tires still retains all rights and claims against the original franchisee. This protects Big O Tires from inadvertently relinquishing any legal recourse it may have due to the transfer.

For a potential Big O Tires franchisee, this means that they cannot assume that the approval of a transfer implies a release from any existing obligations or liabilities to Big O Tires. It is essential to ensure full compliance with all provisions of the franchise agreement, even during and after a transfer, to avoid potential claims or disputes.