Can Checkersrallys revoke a waiver of obligation, and if so, under what conditions?
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 has the right to revoke a waiver of obligation under specific conditions. Checkersrallys, or the franchisee, can unilaterally waive or reduce any obligation of the other party under the agreement through a written instrument.
However, any waiver granted by Checkersrallys is subject to continuing review and can be revoked at Checkersrallys's sole discretion. This revocation can occur at any time and for any reason.
To revoke a waiver, Checkersrallys must provide the franchisee with 10 days' prior written notice. This means that Checkersrallys can change its mind about a previously granted waiver, provided they give the franchisee a 10-day heads-up. This clause provides Checkersrallys with considerable flexibility in managing the franchise agreement and its relationship with franchisees.