Does the Checkersrallys agreement specify that the waiver is subject to continuing review?
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 the 2025 Checkersrallys Franchise Disclosure Document, Checkersrallys retains the right to review any waiver it grants to a franchisee. Specifically, Checkersrallys may, at its sole discretion, revoke a previously granted waiver.
This means that even if Checkersrallys initially waives a franchisee's obligation, it can later reinstate that obligation. This revocation becomes effective 10 days after the franchisee receives written notice.
This clause provides Checkersrallys with considerable flexibility in enforcing the franchise agreement. A prospective franchisee should consider this when evaluating the potential risks and benefits of investing in a Checkersrallys franchise, as any seemingly favorable waiver could be reversed by Checkersrallys.