Can Browns Chicken revoke a waiver it has granted to a Browns Chicken franchisee?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
lity, and shall be enforced as originally made and entered in all other jurisdictions.
C. Waiver of Obligations.
Brown 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 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 Browns Chicken's 2025 Franchise Disclosure Document, Browns Chicken can revoke a waiver that it has granted to a franchisee. Browns Chicken may do so at any time, for any reason, at its sole discretion. To revoke a waiver, Browns Chicken must provide the franchisee with ten days' prior written notice.
This means that even if Browns Chicken has previously waived a certain requirement or obligation for a franchisee, it retains the right to reinstate that requirement with only ten days' notice. This could impact a franchisee's operations if they have come to rely on the waiver.
It is important to note that any waiver granted by Browns Chicken does not prevent them from exercising other rights they may have under the franchise agreement. Browns Chicken also assumes no liability to the franchisee by granting any waiver. This clause emphasizes Browns Chicken's discretion and control over waivers, and it highlights the importance of franchisees understanding that waivers are not permanent and can be revoked.