Is a waiver granted by Checkers subject to continuing review?
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, any waiver granted by Checkers to a franchisee is subject to continuing review. Checkers can revoke the waiver at any time, for any reason.
This means that if Checkers waives a specific requirement or obligation for a franchisee, this waiver is not permanent. Checkers retains the right to re-impose the original requirement later. The revocation is effective 10 days after the franchisee receives written notice.
This clause gives Checkers significant flexibility in managing its franchise system. However, it also introduces uncertainty for franchisees, as a previously granted waiver can be withdrawn with only 10 days' notice. Franchisees need to factor this possibility into their business planning and operations.