Under what conditions is a waiver by Chicken Guy of a breach of the confidentiality agreement effective?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
Potential Franchisee acknowledges that no waiver by Chicken Guy of any breach by Potential Franchisee of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or any other provision of this Agreement. No such waiver shall be effective unless in writing and then only to the extent expressly set forth in writing.
Source: Item 23 — RECEIPTS (FDD pages 50–286)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, a waiver by Chicken Guy of a potential franchisee's breach of the confidentiality agreement is only effective if it meets specific conditions. The waiver must be in writing to be considered valid. Furthermore, the waiver's effectiveness is limited to the extent that it is expressly detailed in the written document.
This means that any verbal agreement or implied leniency from Chicken Guy will not hold up as a valid waiver. The written waiver must clearly state what specific breaches are being waived and to what degree. This protects Chicken Guy from unintentionally waiving rights or remedies for breaches not explicitly covered in the waiver.
For a prospective Chicken Guy franchisee, this underscores the importance of obtaining any waivers in writing and ensuring that the scope of the waiver is clearly defined. It also highlights the need to carefully review and understand the confidentiality agreement and seek legal counsel if needed to fully grasp the implications of any potential breaches and waivers.