What section of the 7 Brew franchise agreement defines 'force majeure'?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
B. Waiver of Obligations and Force Majeure
We and you may in writing unilaterally waive or reduce any contractual obligation or restriction upon the other, effective upon delivery of written notice to the other or another effective date stated in the waiver notice. However, no interpretation, change, termination, or waiver of any provision of this Agreement will bind us unless in writing, signed by one of our officers, and specifically identified as an amendment to this Agreement. No modification, waiver, termination, discharge, or cancellation of this Agreement affects the right of any party to this Agreement to enforce any claim or right under this Agreement, whether or not liquidated, which occurred before the date of such modification, waiver, termination, discharge, or cancellation. Any waiver granted is without prejudice to any other rights we or you have, is subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days' prior written notice.
We and you will not waive or impair any right, power, or option this Agreement reserves (including our right to demand your strict compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expires) because of any custom or practice varying from this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement, including your compliance with any Brand Standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other 7 BREW Stores; the existence of franchise agreements for other 7 BREW Stores containing provisions differing from those contained in this Agreement; or our acceptance of any payments from you after any breach of this Agreement. No special or restrictive legend or endorsement on any payment or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We may remove any legend or endorsement, which will have no effect.
Source: Item 22 — CONTRACTS (FDD pages 82–83)
What This Means (2025 FDD)
According to the 2025 7 Brew Franchise Disclosure Document, the franchise agreement addresses 'force majeure' under a section titled "Waiver of Obligations and Force Majeure." This section outlines circumstances where 7 Brew or the franchisee may be excused from certain contractual obligations due to events beyond their control.
Specifically, this section clarifies that both 7 Brew and the franchisee can unilaterally waive or reduce any contractual obligation or restriction upon the other by providing written notice. However, any interpretation, change, termination, or waiver of any provision within the agreement must be documented in writing and signed by an officer of 7 Brew to be considered binding. This ensures that all modifications to the agreement are formally acknowledged and agreed upon by both parties.
Furthermore, the section emphasizes that no waiver or modification of the agreement affects either party's right to enforce any claim or right that occurred before the date of such changes. This protects the rights of both 7 Brew and the franchisee regarding any prior breaches or claims. The waiver is subject to ongoing review and can be revoked at any time with ten days' prior written notice, providing flexibility for 7 Brew to reinstate obligations if circumstances change.