What is the deadline for providing written notice specifying a breach or violation of the Checkersrallys agreement?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing, and except as otherwise prohibited or limited by applicable law, any failure, neglect, or delay of a party to assert any breach or violation of any legal or equitable right arising from or in connection with this Agreement, shall constitute a waiver of such right and shall preclude the exercise or enforcement of any legal or equitable remedy arising therefrom, unless written notice specifying such breach or violation is provided to the other party within 12 months after the later of: (a) the date of such breach or violation; or (b) the date of discovery of the facts (or the date the facts could have been discovered, using reasonable diligence) giving rise to such breach or violation.
Source: Item 23 — RECEIPTS (FDD pages 92–384)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, if either the franchisor or the area franchisee fails to assert a breach or violation of any legal or equitable right related to the agreement, it will be considered a waiver of that right. To avoid waiving their rights, the party must provide written notice specifying the breach or violation to the other party within 12 months.
The 12-month period begins from the later of two dates: either the date the breach or violation occurred, or the date the facts giving rise to the breach or violation were discovered (or could have been discovered with reasonable diligence). This means that Checkersrallys franchisees need to be vigilant in identifying and documenting any potential breaches of the agreement by Checkersrallys.
This requirement ensures that both Checkersrallys and its franchisees act promptly to address any issues. Failing to provide notice within the specified timeframe could prevent a party from pursuing legal or equitable remedies later on. Franchisees should maintain thorough records and seek legal advice when they suspect a breach to ensure they meet the notification deadline.