Does Hyper Kidz assume any liability by granting a waiver to a franchisee?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
- 22.1.2 We make no warranties or guarantees upon which you may rely and assume no liability or obligation to you by granting any waiver, approval, or consent to you or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by us shall be without prejudice to any other rights we may have, will be subject to continuing review by us and may be revoked in our sole discretion at any time and for any reason effective upon delivery to you of ten (10) days' prior written notice.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, Hyper Kidz does not assume any liability or obligation to the franchisee by granting any waiver, approval, or consent. This also applies if Hyper Kidz neglects, delays, or denies any request for a waiver. Any waiver granted by Hyper Kidz is without prejudice to any other rights they may have.
Furthermore, Hyper Kidz retains the right to review any waiver continuously and can revoke it at any time, for any reason. This revocation becomes effective upon delivering ten days' prior written notice to the franchisee.
This means that a Hyper Kidz franchisee cannot rely on any warranties or guarantees from Hyper Kidz based on a granted waiver. Hyper Kidz maintains the discretion to change its position, and franchisees should be aware that any previously granted waiver can be revoked with limited notice. This clause protects Hyper Kidz from being bound by prior waivers and allows them to adapt to changing circumstances without incurring liability.