Does the Checkersrallys agreement specify that the waiver can be revoked at any time and for any reason?
Checkersrallys 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 Checkersrallys's 2025 Franchise Disclosure Document, the agreement allows Checkersrallys to revoke a waiver at any time and for any reason. Specifically, Checkersrallys may, by written instrument, unilaterally waive or reduce any obligation of the franchisee. However, any waiver granted by Checkersrallys is subject to continuing review and can be revoked at Checkersrallys's sole discretion.
This revocation is effective upon delivery to the franchisee of 10 days' prior written notice. This means that Checkersrallys has the power to change its mind regarding a previously granted waiver, potentially reinstating obligations that were temporarily lifted.
This clause provides Checkersrallys with significant flexibility in managing the franchise agreement and ensuring compliance. For a prospective franchisee, this highlights the importance of carefully considering the terms of any waiver and understanding that it is not a permanent alteration of the agreement. The franchisee should be prepared for the possibility that Checkersrallys may revoke a waiver, requiring them to fulfill the original obligation with only 10 days' notice.