Can Circle K waive obligations for other franchisees without waiving them for a specific franchisee?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor will have the right to waive obligations or restrictions for other franchisees under their license agreements without waiving those obligations or restrictions for Franchisee, and, except to the extent prohibited by law, Franchisor will have the right to negotiate terms and conditions, grant concessions, and waive obligations for other franchisees without granting those same rights to Franchisee and without incurring any liability to Franchisee whatsoever.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, Circle K has the right to waive obligations or restrictions for other franchisees without waiving those same obligations or restrictions for a specific franchisee. This means that Circle K can make exceptions or offer different terms to some franchisees without being required to extend the same benefits to all franchisees.
This clause also states that Circle K can negotiate terms and conditions, grant concessions, and waive obligations for other franchisees without granting those same rights to a specific franchisee and without incurring any liability. This gives Circle K significant flexibility in managing its franchise network and adapting to different market conditions or franchisee needs.
For a prospective Circle K franchisee, this means that the terms of your franchise agreement may not be identical to those of other franchisees. You cannot assume that a concession granted to another franchisee will automatically apply to you. It is important to carefully review your franchise agreement and understand your specific obligations and rights, as they may differ from those of other Circle K franchisees. This clause highlights the importance of negotiating the best possible terms for your individual circumstances during the franchise agreement process.