Can Checkers revoke a waiver at any time?
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 has the right to revoke any waiver it grants to a franchisee. Specifically, Checkers may revoke a waiver at any time, for any reason, at its sole discretion.
However, Checkers must provide the franchisee with 10 days' prior written notice before the revocation becomes effective. This means that if Checkers decides to revoke a previously granted waiver, the franchisee will have a 10-day window to adjust their operations or take other necessary actions before the revocation takes full effect.
This clause is important for prospective franchisees to understand, as it highlights that any leniency or reduction in obligations granted by Checkers can be reversed. Franchisees should, therefore, not rely on any waiver as a permanent change to their contractual obligations and should always be prepared to comply fully with the original terms of the franchise agreement.