Is any waiver granted by the Hck Hot Chicken Franchisor subject to continuing review?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
of this Agreement or the HCK Hot Chicken Brand Standards Manual with respect to any subsequent default thereof or a waiver by Franchisor of its right at any time thereafter to require exact and strict compliance with the provisions thereof. Franchisor will consider written requests by Franchisee for Franchisor's consent to a waiver of any obligation imposed by this Agreement. Franchisee agrees, however, that Franchisor is not required to act uniformly with respect to waivers, requests and consents as each request will be considered on a case-by-case basis, and nothing shall be construed to require Franchisor to grant any such request. Any waiver granted by Franchisor shall be without prejudice to any other rights Franchisor may have, will be subject to continuing review by Franchisor, and may be revoked, in Franchisor's discretion, at any time and for any reason, effective upon 10 days prior written notice to Franchisee. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee by providing any waiver, approval, acceptance, consent, assistance, or suggestion to Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request.
- 19.4 Survival of Covenants.
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 will consider written requests from franchisees for a waiver of any obligation imposed by the franchise agreement. However, any such waiver does not constitute a permanent release from that obligation.
Specifically, the FDD states that no waiver by Hck Hot Chicken of any default or series of defaults in performance by the franchisee, nor any failure to exercise any right or option, will constitute a waiver of any provision of the agreement with respect to any subsequent default. This means that even if Hck Hot Chicken grants a franchisee a waiver for a specific instance of non-compliance, the franchisee must still adhere to the original terms of the agreement in the future.
This clause protects Hck Hot Chicken's ability to enforce its franchise agreement consistently over time. It prevents a franchisee from arguing that a past waiver sets a precedent for future non-compliance. For a prospective franchisee, this underscores the importance of understanding and adhering to all terms of the franchise agreement, as waivers are not guaranteed and do not create a permanent exception to the rules.