Does a waiver by Fat Shack of the development schedule obligation for other franchisees affect a franchisee's own obligation to meet their Fat Shack development schedule?

According to Fat Shack's 2025 Franchise Disclosure Document, a waiver granted to other franchisees regarding their development schedule does not impact your own obligations. Fat Shack retains the right to waive the development schedule requirement for any franchisee on a case-by-case basis. However, this flexibility does not extend to other franchisees automatically.

This means that even if Fat Shack allows another franchisee to delay or alter their development schedule, you are still required to adhere to the deadlines outlined in your own Development Agreement. Failure to meet your development schedule could result in the termination of your Development Agreement with Fat Shack.

This clause protects Fat Shack's interests by ensuring consistent expansion and adherence to the agreed-upon development plan. As a prospective franchisee, it is crucial to understand that waivers are not guaranteed and are granted at Fat Shack's discretion. Therefore, you should carefully assess your ability to meet the development schedule before signing the Development Agreement.

It is important to note that the termination of the Development Agreement due to failure to meet the development schedule does not impact any existing Franchise Agreements already in place between you and Fat Shack. This means that if you have already opened a Fat Shack restaurant under a separate franchise agreement, that agreement remains in effect even if the Development Agreement is terminated.