How much prior written notice does Checkers need to provide to revoke a waiver?
Checkers Franchise · 2025 FDDAnswer 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 revoke a waiver it granted to a franchisee. Checkers must provide 10 days' prior written notice to the franchisee. This allows Checkers to ensure compliance with the franchise agreement and maintain brand standards.
This clause means that Checkers retains the flexibility to enforce all aspects of the franchise agreement, even if they have previously waived certain requirements. The franchisee should be aware that any waivers granted are not permanent and can be revoked with a relatively short notice period. This could impact the franchisee's operations if they have come to rely on a previously granted waiver.
In the franchise industry, it is common for franchisors to reserve the right to revoke waivers to maintain control over their brand and ensure consistent standards across all franchise locations. Franchisees should carefully consider the implications of this clause and factor it into their business planning, understanding that previously relaxed requirements could be reinstated with limited notice.