Is Browns Chicken liable to the franchisee by granting any waiver, approval or consent?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Brown 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. Any waiver granted by Brown shall be without prejudice to any other rights Brown may have, will be subject to continuing review by Brown, and may be revoked, in Brown'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 page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, Browns Chicken makes no warranties or guarantees that a franchisee may rely upon. Browns Chicken assumes no liability or obligation to the franchisee by granting any waiver, approval, or consent to the franchisee, or by reason of any neglect, delay, or denial of any request for such actions.
Any waiver granted by Browns Chicken is without prejudice to any other rights Browns Chicken may have. These waivers are subject to continuing review by Browns Chicken and may be revoked at their sole discretion, at any time, and for any reason. To revoke a waiver, Browns Chicken must deliver a ten days prior written notice to the franchisee.
This clause protects Browns Chicken from potential legal claims arising from decisions they make regarding waivers, approvals, or consents. It clarifies that franchisees cannot hold Browns Chicken liable for any perceived negative consequences resulting from these decisions. This is a common provision in franchise agreements, as it allows the franchisor flexibility in managing the franchise system without undue risk of litigation.