Must a waiver of obligation in the Itan franchise agreement be in writing?

According to Itan's 2025 Franchise Disclosure Document, any waiver of obligation must be in writing. Specifically, the franchise agreement states that each party may only waive obligations imposed on the other party if that waiver is provided in writing. This requirement ensures clarity and documentation of any agreed-upon waivers, protecting both Itan and the franchisee.

This stipulation means that verbal agreements or implied waivers will not be considered valid. For a prospective Itan franchisee, this underscores the importance of documenting any negotiated changes or exceptions to the franchise agreement in writing. It also highlights the need to carefully review all documents before signing to ensure all terms are acceptable.

It is a common practice in franchising to require waivers to be in writing to avoid misunderstandings and disputes. This clause in the Itan franchise agreement aligns with standard industry practices, providing a clear and enforceable framework for managing obligations and any potential waivers thereof. This protects both parties by ensuring there is a clear record of any agreed-upon changes or waivers to the original agreement.