factual

Does the Checkers franchise agreement specify that any waiver granted by us shall be without prejudice to any other rights we may have, will be subject to continuing review by us and may be revoked, in our sole discretion, at any time and for any reason, effective upon delivery to you of 10 days' prior written notice?

Checkers Franchise · 2025 FDD

Answer from 2025 FDD Document

10.02 Waiver of Obligations. We and you may by written instrument unilaterally waive or reduce any obligation of the other under this Agreement. Any waiver granted by us shall be without prejudice to any other rights we may have, will be subject to continuing review by us and may be revoked, in our sole discretion, at any time and for any reason, effective upon delivery to you of 10 days' prior written notice. You and we shall not be deemed to have waived any right reserved by this Agreement or be deemed to have modified this Agreement by virtue of any custom or practice of the parties at variance with it.

Source: Item 23 — RECEIPTS (FDD pages 92–384)

What This Means (2025 FDD)

According to Checkers' 2025 Franchise Disclosure Document, Checkers can unilaterally waive or reduce any obligation a franchisee has under the agreement via written instrument. Any waiver Checkers grants is without prejudice to any other rights they possess. These waivers are subject to continuing review by Checkers and can be revoked at any time, for any reason, at Checkers' sole discretion.

Checkers will provide 10 days' prior written notice to the franchisee before the revocation becomes effective. This means that even if Checkers has previously waived a specific requirement or obligation for a franchisee, they retain the right to reinstate that requirement with only a short notice period.

This clause gives Checkers significant flexibility and control over the franchise agreement, as they can modify their enforcement of the agreement terms as they see fit. Prospective franchisees should carefully consider this provision, as it means that any leniency or flexibility Checkers offers at one point may not be permanent and can be withdrawn with limited notice.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.