Can Carvel waive any of the minimum conditions for a Control Transfer?

According to Carvel's 2025 Franchise Disclosure Document, Carvel has the ability to waive minimum conditions for a Control Transfer. Specifically, in Section 16.3, it states that the listed conditions must be satisfied 'unless waived by us.' This gives Carvel discretion over the transfer process.

For a prospective franchisee, this means that while certain conditions are typically required for a Control Transfer, Carvel can choose to waive some or all of them. These conditions include providing written notice at least 90 days prior to the proposed transfer with all requested information provided at least 60 days prior, ensuring all sums owed to Carvel and its affiliates are paid, and ensuring you are not in default of any agreements.

This waiver provision offers some flexibility in the transfer process. However, it's important to note that Carvel still retains 'sole and absolute discretion to grant or withhold consent' for a proposed Control Transfer, even if the minimum conditions are waived. Therefore, a franchisee seeking a Control Transfer should still aim to meet all conditions to increase the likelihood of approval, as the waiver is not guaranteed.