How much prior written notice is required from Checkersrallys to revoke a waiver?
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, Checkersrallys can revoke a waiver it granted to a franchisee. To do so, Checkersrallys must provide the franchisee with 10 days' prior written notice. The revocation is at Checkersrallys's sole discretion, can occur at any time, and can be for any reason.
This means that even if Checkersrallys has previously waived a certain requirement or obligation for a franchisee, it retains the right to reinstate that requirement with only a short notice period. This could impact a franchisee's operations if they have come to rely on the waiver.
Franchisees should be aware that any waivers granted by Checkersrallys are not permanent and can be revoked with limited notice. This clause provides Checkersrallys with significant flexibility but also introduces an element of uncertainty for the franchisee, who must be prepared to adjust their business practices if a waiver is revoked.