Does the Checkers franchise agreement specify that we and you may by written instrument unilaterally waive or reduce any obligation of the other under this Agreement?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
10.11 Construction. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against any party. The introduction, personal guarantees, exhibits and riders (if any) to this Agreement are a part of this Agreement, which constitutes the entire agreement of the parties. Except as otherwise expressly provided herein, there are no other oral or written agreements, understandings, representations or statements between us and you relating to the subject matter of this Agreement that either party may or does rely on or that will have any force or effect, except that nothing in this Agreement shall disclaim or require you to waive reliance on any representation we made in our most recent
Franchise Disclosure Document (including that document's exhibits and amendments) delivered to you or your representative. Nothing in this Agreement is intended or shall be deemed to confer any rights or remedies on any person or legal entity not a party hereto. This Agreement shall not be modified except by written agreement signed by both parties.
Source: Item 23 — RECEIPTS (FDD pages 92–384)
What This Means (2025 FDD)
Based on the 2025 Checkers Franchise Disclosure Document, the franchise agreement specifies that it can only be modified by a written agreement signed by both parties. This means that Checkers and the franchisee must both agree to any changes to the original agreement in writing.
According to Section 10.11, the Checkers franchise agreement is construed according to its fair meaning and not strictly for or against any party. The agreement, along with its introduction, personal guarantees, exhibits, and riders, constitutes the entire agreement between the parties. This clause emphasizes that there are no other oral or written agreements outside of what is documented that either party can rely on, except for the representations made by Checkers in their most recent Franchise Disclosure Document.
Section 10.11 also clarifies that the agreement is not intended to confer any rights or remedies on any third party. This reinforces that the agreement is solely between Checkers and the franchisee. The explicit statement that the agreement can only be modified by a written agreement signed by both parties ensures that neither party can unilaterally alter the terms of the franchise agreement, providing a layer of protection for both Checkers and the franchisee.