For Dq Treat, under what circumstances is a waiver by Participating Location or PAR enforceable?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 17: The following paragraph is added to the end of Item 17 of the Disclosure Document:]
Any purported waiver by Participating Location or PAR will only be enforceable if in writing signed by such party and will not be deemed to waive any later breach of the same or any other term, right or condition.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, a waiver by a Participating Location or PAR (ParTech, Inc.) is only enforceable under specific conditions. Any waiver must be in writing and signed by the party granting the waiver. This means that verbal agreements or implied waivers are not sufficient. Furthermore, the written waiver only applies to the specific breach or situation it addresses and does not waive any future breaches of the same or any other term, right, or condition.
This requirement for a written and signed waiver provides clarity and legal protection for both Dq Treat franchisees (Participating Locations) and PAR. It ensures that waivers are intentional and documented, reducing the potential for misunderstandings or disputes. The non-applicability to future breaches reinforces the importance of adhering to the terms of the agreement consistently.
For a prospective Dq Treat franchisee, this means that any agreement to waive a right or condition must be carefully documented. It is crucial to obtain written confirmation signed by the appropriate party to ensure the waiver is enforceable. This also implies that franchisees should not rely on verbal assurances or past practices as a basis for assuming a term has been waived. Franchisees should consult with a legal professional to ensure they fully understand the implications of any waiver they grant or receive.
Additionally, the FDD states that if a Participating Location experiences an outage that prevents them from transacting an order or using the PARPay services, they must notify the PAR Help Desk. Failure to do so within 60 days of the end of the month in which the outage occurred will result in the Participating Location being deemed to have waived any credits that may have been available for the outage. However, if PAR is aware of a system-wide outage, they or Dairy Queen may notify the Participating Locations, in which case the Participating Location will not be required to notify PAR to obtain a credit.