Must a waiver granted by Checkers be in writing?
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 of obligations by Checkers or the franchisee must be documented in writing. Specifically, Checkers can unilaterally waive or reduce any obligation of the franchisee under the Franchise Agreement, but this must be done through a written instrument.
This written waiver is not indefinite. Checkers retains the right to review the waiver and can revoke it at any time, for any reason. To revoke a waiver, Checkers must provide the franchisee with 10 days' prior written notice.
The FDD also states that Checkers will not be deemed to have waived any right reserved by the agreement, or modified the agreement, simply because of any custom or practice that differs from the written terms. This reinforces the importance of formal, written waivers over informal practices.