Under the Kitchen Solvers franchise agreement, what is the required method for the franchisee to provide a waiver?
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 the franchisee must be in writing and executed by the franchisee to be considered valid. This requirement ensures that all waivers are documented and officially acknowledged by the franchisee, preventing any misunderstandings or disputes regarding the waiver's terms and conditions.
This provision protects both Kitchen Solvers and the franchisee by ensuring clarity and accountability in waiving rights or obligations under the franchise agreement. The written requirement provides a clear record of the waiver, which can be referenced in the future if any questions or disagreements arise. It also prevents any verbal agreements or implied waivers from being considered valid, which could lead to confusion or legal challenges.
For a prospective Kitchen Solvers franchisee, this means that any request for a waiver must be submitted in writing and properly executed. It is crucial to understand that verbal agreements or informal communications will not suffice. This requirement aligns with standard franchising practices, where written documentation is essential for maintaining a clear and legally sound relationship between the franchisor and franchisee.