Can a waiver granted by the Hck Hot Chicken Franchisor be revoked?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
days following the written notice provided by Franchisee) shall cause it to be deemed a new offer, subject to the same right of first refusal by Franchisor, or its third party designee, as in the case of the initial offer. Franchisor's failure to exercise such ROFR shall not constitute consent to the transfer or a waiver of any other provision of this Agreement, including any of the requirements of this Section with respect to the proposed transfer. The ROFR is fully assignable by Franchisor. Without waiving any other rights provided for herein or otherwise, Franchisor hereby waives its ROFR if the proposed transferee/assignee is an immediate family member of Franchisee;
- (d) The Franchisee shall not be in default under the terms of this Agreement (or any other related agreement), the HCK Hot Chicken Brand Standards Manual or any other obligations owed Franchisor, and all of its then-due monetary obligations to Franchisor shall have been paid in full;
- (e) The Franchisee, and its Owners, if the Franchisee is an Entity, shall execute a general release under seal, in a form prescribed by Franchisor, of any and all claims against Franchisor, its Affiliates, Owner(s), directors, officers, agents and employees;
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, the franchisor's failure to exercise a right of first refusal (ROFR) does not constitute a waiver of any other provision of the franchise agreement. This means that even if Hck Hot Chicken chooses not to exercise its ROFR for a particular transfer, it does not waive its rights regarding other aspects of the agreement, including requirements related to the transfer.
Specifically, the FDD states that the franchisor's failure to exercise the ROFR does not waive any other provision of the agreement. This includes any requirements related to the proposed transfer. This clause protects Hck Hot Chicken's ability to enforce other terms and conditions, ensuring that the franchisee remains compliant with all aspects of the agreement, even if the ROFR is not exercised.
Furthermore, Hck Hot Chicken may offer a waiver of any obligation imposed by the agreement if the franchisee submits a written request and the franchisor consents. However, the franchisor's waiver of any default by the franchisee does not act as a waiver for any subsequent defaults. This means that even if Hck Hot Chicken waives a specific instance of non-compliance, it retains the right to demand strict compliance in the future.