Does the Checkers franchise agreement specify that Checkers 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
Source: Item 23 — RECEIPTS (FDD pages 92–384)
What This Means (2025 FDD)
According to the 2025 Checkers Franchise Disclosure Document, the franchise agreement outlines specific conditions regarding waivers and modifications. While the agreement itself aims to be comprehensive, it also acknowledges certain legal limitations and the potential for amendments through written agreements. The agreement specifies that it should be construed according to its fair meaning, and it constitutes the entire agreement, including introductions, personal guarantees, exhibits, and riders.
The Checkers franchise agreement emphasizes that there are no other oral or written agreements outside of what is expressly provided, except that franchisees are not required to waive reliance on representations made in the Franchise Disclosure Document. This indicates that Checkers aims to ensure transparency and reliance on the documented information provided to potential franchisees.
However, the agreement also states that it shall not be modified except by a written agreement signed by both parties. This implies that while Checkers and the franchisee can agree to modify the agreement, such modifications must be documented and agreed upon by both parties, preventing unilateral changes. Additionally, certain state laws, such as those in Maryland, Illinois, Virginia, and Minnesota, impose further restrictions on waivers, particularly concerning claims of fraud, rights under franchise laws, and other statutory protections. These state-specific addenda ensure that franchisees' rights are protected and that certain provisions of the franchise agreement cannot be waived.