Can Cinnabon waive any of the conditions for a Control Transfer?

According to Cinnabon's 2025 Franchise Disclosure Document, some conditions for a Control Transfer can be waived by Cinnabon. Specifically, in Section 16.3, which outlines the requirements for a Control Transfer, it states that the listed conditions must be satisfied 'unless waived by us.' This indicates that Cinnabon has the discretion to waive certain conditions at its own discretion.

However, Cinnabon retains 'sole and absolute discretion to grant or withhold consent for a proposed Control Transfer.' This means that even if some conditions are waived, Cinnabon is not obligated to approve the transfer. The FDD also specifies certain situations where Cinnabon will not consent to a transfer, such as if the Franchised Business is not open and operating or if the transfer would cause a breach of another agreement.

For a prospective franchisee, this implies that while there is a possibility of some conditions being waived during a Control Transfer, it is not guaranteed. Franchisees should not rely on waivers and should aim to meet all conditions to increase the likelihood of approval. Additionally, franchisees should be aware that Cinnabon has the ultimate authority to approve or deny a Control Transfer, regardless of whether some conditions are met or waived. This is a fairly standard clause in franchise agreements, as franchisors typically want to maintain control over who enters their system.