Is a waiver granted by Checkers without prejudice to any other rights Checkers may have?
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 and the franchisee can waive obligations under the franchise agreement through a written instrument. Any waiver granted by Checkers will not affect any other rights Checkers possesses.
Checkers retains the right to review the waiver and has the option to revoke it at any time, for any reason. This revocation becomes effective after the franchisee receives a 10-day prior written notice.
The agreement also states that Checkers and the franchisee are not considered to have waived any right reserved by the agreement or modified the agreement due to any custom or practice that differs from the agreement's terms.