For Chatime, under what condition is a waiver considered effective?

According to Chatime's 2025 Franchise Disclosure Document, a waiver is not effective unless it is documented in writing. Furthermore, the waiver's effectiveness is restricted to the specific instance it addresses and the precise purpose for which it is granted. This means that a waiver cannot be implied from a party's inaction or delay in exercising a right or power, and exercising a right or power once does not prevent its future use or the use of other rights.

This requirement for written waivers provides clarity and protection for both Chatime and its franchisees. By mandating that waivers be in writing, the risk of misunderstandings or disputes over whether a waiver was intended is reduced. The stipulation that a waiver applies only to the specific instance and purpose ensures that franchisees do not inadvertently relinquish broader rights or protections.

For a prospective Chatime franchisee, this means that any agreement to waive a right or obligation must be carefully reviewed and documented. Franchisees should ensure that the written waiver clearly defines the scope and purpose of the waiver and seek legal counsel if they are unsure about the implications of signing a waiver. This provision aims to protect both parties by ensuring transparency and informed consent in any waiver situation.