Does the Checkersrallys agreement specify that the waiver must be in writing?

According to the 2025 Checkersrallys Franchise Disclosure Document, Checkersrallys may, by written instrument, unilaterally waive or reduce any obligation of the franchisee under the agreement. Any waiver granted by Checkersrallys is without prejudice to any other rights Checkersrallys may have. The waiver will be subject to continuing review by Checkersrallys and may be revoked at any time and for any reason, effective upon delivery to the franchisee of 10 days' prior written notice.

This means that Checkersrallys can choose to not enforce certain requirements or expectations outlined in the franchise agreement, but any such decision must be documented in writing. This protects both Checkersrallys and the franchisee by ensuring there is a clear record of what was agreed upon.

However, the FDD also states that the franchisee and Checkersrallys will not be deemed to have waived any right reserved by the agreement or be deemed to have modified this agreement by virtue of any custom or practice of the parties at variance with it. This means that the conduct of Checkersrallys or the franchisee cannot be used as evidence that either party has waived its rights under the agreement. The waiver must be explicit and in writing.

This requirement for written waivers is fairly standard in franchising, as it provides clarity and legal certainty to the franchise relationship. It prevents misunderstandings or disputes that could arise from verbal agreements or implied waivers based on behavior.