If Checkersrallys grants a waiver, how much prior notice will Checkersrallys provide before revoking it?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
18.02 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 ten (10) days' prior notice. You and we shall not be deemed to have waived any right reserved by this Agreement by virtue of any custom or practice of the parties at variance with it; any failure, refusal or neglect by you or us to exercise any right under this Agreement (except as provided in Section 18.03) or to insist upon exact compliance by the other with its obligations hereunder; any waiver, forbearance, delay, failure or omission by us to exercise any right, whether of the same, similar or different nature, with respect to other Restaurants; or the acceptance by us of any payments due from you after any breach of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, Checkersrallys has the right to waive or reduce any obligation of the franchisee through a written instrument. However, this waiver is not permanent. Checkersrallys retains the right to revoke the waiver at any time, for any reason, at their sole discretion.
If Checkersrallys decides to revoke a previously granted waiver, they must provide the franchisee with ten (10) days' prior notice before the revocation becomes effective. This advance notice allows the franchisee time to prepare for the reinstatement of the original obligation.
This clause is important for prospective franchisees as it highlights that any temporary relief granted by Checkersrallys is not guaranteed and can be withdrawn with limited notice. Franchisees should, therefore, not rely on waivers as permanent solutions and should always be prepared to fulfill all contractual obligations.