factual

Does Southern Steer have the right to waive obligations for other franchisees without waiving them for all franchisees?

Southern_Steer Franchise · 2025 FDD

Answer from 2025 FDD Document

FRANCHISOR AND ITS AFFILIATES ASSUME NO LIABILITY OR OBLIGATION AND MAKE NO GUARANTY OR EXPRESS OR IMPLIED WARRANTIES TO FRANCHISEE, FRANCHISEE'S OPERATING PRINCIPAL, OWNERS, GUARANTORS OR AFFILIATES BY GRANTING OR DENYING ANY APPROVAL, CONSENT, WAIVER OR THE LIKE OR BY REASON OF ANY NEGLECT, DELAY OR DENIAL OF ANY REQUEST THEREFORE.

Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)

What This Means (2025 FDD)

According to Southern Steer's 2025 Franchise Disclosure Document, the franchisor and its affiliates assume no liability or obligation and make no guaranty or express or implied warranties to the franchisee, franchisee's operating principal, owners, guarantors or affiliates by granting or denying any approval, consent, waiver or the like or by reason of any neglect, delay or denial of any request therefore. This means Southern Steer retains the right to make decisions on a case-by-case basis regarding approvals, consents, and waivers without creating any obligation to do the same for all franchisees.

This clause protects Southern Steer from potential claims by franchisees who might argue that a waiver granted to one franchisee should automatically extend to all. It allows Southern Steer to consider individual circumstances when making decisions about franchise agreements and related matters. This is a fairly standard provision in franchise agreements, as franchisors need flexibility to address unique situations that may arise within their system.

For a prospective Southern Steer franchisee, this means that any waivers or special considerations granted to other franchisees do not automatically apply to them. Each franchisee's situation is evaluated independently, and Southern Steer is not obligated to provide the same treatment to everyone. Therefore, franchisees should not assume that a precedent set with another franchisee will guarantee a similar outcome for them.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.