To be considered effective and binding on Chicken Guy, what requirements must any approval or consent from Chicken Guy meet?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Whenever this Agreement requires the prior approval or consent of Chicken Guy, Franchisee shall make a timely written request to Chicken Guy therefor, and any approval or consent received, in order to be effective and binding upon Chicken Guy, must be obtained in writing and be signed by an authorized officer of Chicken Guy.
- B. Chicken Guy makes no warranties or guarantees upon which Franchisee may rely by providing any waiver, approval, consent or suggestion to Franchisee in connection with this Agreement, and assumes no liability or obligation to Franchisee therefor, or by reason of any neglect, delay, or denial of any request therefor. Chicken Guy shall not, by virtue of any approvals, advice or services provided to Franchisee, assume responsibility or liability to Franchisee or to any third parties to which Chicken Guy would not otherwise be subject.
- C. No failure of Chicken Guy to exercise any power reserved to it by this Agreement or to insist upon strict compliance by Franchisee with any obligation or condition hereunder, and no custom or practice of the parties at variance with the terms of this Agreement, shall constitute a waiver of Chicken Guy's right to demand exact compliance with any of the terms of this Agreement. A waiver by Chicken Guy of any particular default by Franchisee shall not affect or impair Chicken Guy's rights with respect to any subsequent default of the same, similar or different nature, nor shall any delay, forbearance or omission of Chicken Guy to exercise any power or right arising out of any breach or default by Franchisee of any of the terms, provisions or covenants of this Agreement affect or impair Chicken Guy's right to exercise the same, nor shall such constitute a waiver by Chicken Guy of any right hereunder, or the right to declare any subsequent breach or default and to terminate this Agreement prior to the expiration of its term. Subsequent acceptance by Chicken Guy of any payments due to it hereunder shall not be deemed to be a waiver by Chicken Guy of any preceding breach by Franchisee of any terms, covenants or conditions of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, any approval or consent required from Chicken Guy must meet specific criteria to be considered effective and binding. The franchisee must make a timely written request to Chicken Guy for the approval or consent. To be valid, the approval or consent must be obtained in writing and signed by an authorized officer of Chicken Guy. This ensures that there is a clear record of what was approved and that the person granting the approval has the authority to do so.
Chicken Guy also makes no guarantees or warranties when providing any waiver, approval, consent, or suggestion to the franchisee and assumes no liability. This means that Chicken Guy is not responsible if the franchisee relies on their approval and it leads to negative consequences. Chicken Guy also will not assume responsibility to the franchisee or any third parties through any approvals, advice, or services provided to the franchisee.
Furthermore, Chicken Guy's failure to enforce any right or strict compliance by the franchisee does not constitute a waiver of Chicken Guy's right to demand exact compliance with the terms of the agreement. This protects Chicken Guy's ability to enforce the franchise agreement in the future, even if they have been lenient in the past. A waiver by Chicken Guy of any particular default by the franchisee does not affect Chicken Guy's rights regarding any subsequent default.