Under what condition can the requirement for each Checkersrallys Owner to be an individual acting in his individual capacity be waived?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
Each person who is or becomes an Owner must execute an agreement in form and substance as we then prescribe, undertaking to be bound jointly and severally by this Agreement. Each Owner must be an individual acting in his individual capacity, unless we waive this requirement.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, each Owner must be an individual acting in their individual capacity, unless Checkersrallys waives this requirement.
This means that generally, all individuals with ownership in the Checkersrallys franchise must act on their own behalf and not as part of another entity. However, Checkersrallys reserves the right to make exceptions to this rule.
For a prospective franchisee, this implies that if they wish to have an ownership structure that does not comply with the individual capacity requirement, they must seek a waiver from Checkersrallys. It is important to discuss this with Checkersrallys during the franchise application process to understand the circumstances under which such a waiver might be granted.