What is the required method for Kitchen Solvers to grant a waiver under the franchise agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- D. Authority. Any modification, consent, approval, authorization or waiver granted hereunder required to be effective by signature will be valid only if in writing executed by you or, if on behalf of us, in writing executed by our President. You must neither create nor purport to create any obligation on behalf of us, nor agree to any other term, condition, or covenant that is inconsistent with any provision of this Agreement.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, any waiver granted by Kitchen Solvers under the franchise agreement must be in writing and executed by the President of Kitchen Solvers to be considered valid. This requirement ensures that any deviation from the standard terms of the franchise agreement is officially documented and authorized by a high-ranking officer within the Kitchen Solvers organization.
This provision protects both the franchisee and Kitchen Solvers by preventing misunderstandings or disputes over alleged waivers that were not properly authorized. It provides a clear and unambiguous process for granting waivers, ensuring that all parties are aware of the specific terms and conditions that are being waived. Without this requirement, a franchisee might rely on verbal assurances or actions by lower-level employees, which may not be binding on Kitchen Solvers.
For a prospective Kitchen Solvers franchisee, this means that any request for a waiver of any term or condition in the franchise agreement must be submitted in writing and formally approved by the Kitchen Solvers President. Franchisees should not rely on any verbal agreements or informal communications as a valid waiver. This requirement is fairly standard in franchising, as it provides a level of legal certainty and protects the interests of both parties involved in the franchise relationship.
It is important for potential franchisees to understand this provision, as it highlights the importance of formal communication and documentation in the franchise relationship. If a franchisee anticipates needing a waiver for any reason, they should consult with legal counsel and follow the proper procedures for requesting and obtaining a written waiver from Kitchen Solvers' President. This will help ensure that the waiver is legally binding and enforceable.