Does the Checkers franchise agreement state that the failure to assert a breach constitutes a waiver of rights unless written notice is provided?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
arising from or in connection with this Agreement shall constitute a waiver of such right and shall preclude the exercise or enforcement of any legal or equitable remedy arising therefrom, unless written notice specifying such breach or violation is provided to the other party within twelve (12) months after the later of: (a) the date of such breach or violation; or (b) the date of discovery of the facts (or the date the facts could have been discovered, using reasonable diligence) giving rise to such breach or violation.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, the franchise agreement specifies that a party's failure to assert a breach or violation of any legal or equitable right does not constitute a waiver of that right. However, this protection is conditional. To preserve their rights, the party must provide written notice specifying the breach or violation to the other party.
This written notice must be provided within twelve months of either the date of the breach or violation, or the date when the facts giving rise to the breach or violation were discovered (or could have been discovered through reasonable diligence), whichever is later. This clause ensures that both Checkers and its franchisees are required to act within a reasonable timeframe to address any issues, preventing either party from claiming a breach long after the fact.
For a prospective Checkers franchisee, this means that it is crucial to promptly document and report any perceived breaches of the franchise agreement by Checkers. Failure to provide timely written notice could result in the franchisee losing their right to take action on that particular breach. This clause encourages open communication and timely resolution of disputes, which is a common practice in franchise agreements to maintain a healthy franchisor-franchisee relationship.