Does the Checkersrallys agreement specify that the waiver is without prejudice to any other rights?
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 addresses the waiver of obligations. Specifically, Checkersrallys or the franchisee can waive obligations in writing. If Checkersrallys grants a waiver, it is explicitly stated that this waiver does not negatively impact any other rights Checkersrallys may possess. This waiver is subject to ongoing review and can be revoked at any time, for any reason, with 10 days' prior written notice to the franchisee.
This clause is important for prospective franchisees as it clarifies the conditions under which Checkersrallys might waive certain obligations and emphasizes that such waivers do not constitute a relinquishment of any other rights the company holds under the agreement. The franchisee should understand that any waiver granted is not permanent and can be withdrawn with a relatively short notice period.
This type of clause is fairly standard in franchise agreements, as it allows the franchisor some flexibility in managing the franchise relationship while protecting their overall rights. Franchisees should carefully consider the implications of this clause and understand that any benefits they receive from a waiver could be temporary and subject to revocation by Checkersrallys.