Is the Developer allowed to bind or obligate Chicken Guy or its affiliates in any way?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Whenever this Agreement requires the prior approval or consent of Chicken Guy, Developer 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 Developer may rely by providing any waiver, approval, consent or suggestion to Developer in connection with this Agreement, and assumes no liability or obligation to Developer 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 Developer, assume responsibility or liability to Developer 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 Developer 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
Source: Item 23 — RECEIPTS (FDD pages 50–286)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, a developer needs written consent from Chicken Guy to bind or obligate them. Specifically, any approval or consent must be in writing and signed by an authorized officer of Chicken Guy to be considered effective and binding. This requirement ensures that all agreements are formally documented and authorized by Chicken Guy, protecting the brand from unauthorized commitments.
Chicken Guy does not provide any warranties or guarantees to the developer through any waiver, approval, consent, or suggestion related to the Development Agreement. Chicken Guy assumes no liability or obligation to the developer for providing such support, or due to any neglect, delay, or denial of any request. This means that any advice or assistance provided by Chicken Guy does not create any responsibility or liability towards the developer or any third parties, ensuring Chicken Guy is only responsible for obligations they would otherwise be subject to.
Furthermore, Chicken Guy's failure to enforce any right or strict compliance by the developer does not constitute a waiver of those rights. Similarly, any custom or practice that differs from the terms of the Development Agreement does not waive Chicken Guy's right to enforce those terms. This provision ensures that Chicken Guy retains the ability to enforce the Development Agreement's terms, even if they have not always done so strictly in the past.