Can Advanced Mobile Iv And Amiv revoke a waiver, and if so, under what conditions?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
We may revoke any waiver, in our sole discretion, at any time and for any reason, effective upon delivery to you of 10 days prior written notice of revocation. Customs or practices of the parties in variance with the terms of this Agreement will not constitute a waiver of our right to demand exact compliance with the terms of this Agreement. Our delay, waiver, forbearance, or omission to exercise any power or rights arising out of any breach or default by you of any of the terms, provisions, or covenants of this Agreement, will not affect or impair our rights and will not constitute a waiver by us of any right or of the right to declare any subsequent breach or default. Our subsequent acceptance of any payment due to us will not be deemed to be a waiver by us of any preceding breach by you of any terms, covenants or conditions of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, Advanced Mobile Iv And Amiv retains the right to revoke any waiver it grants to a franchisee. This waiver revocation can occur at any time and for any reason, according to the agreement.
To revoke a waiver, Advanced Mobile Iv And Amiv must provide the franchisee with 10 days prior written notice of the revocation. This means that the franchisee will have a short period to adjust to the change and comply with the original terms of the agreement that were previously waived.
This clause protects Advanced Mobile Iv And Amiv by ensuring that any temporary leniency or adjustments made to the franchise agreement can be reversed if necessary. It also clarifies that the franchisor's practices that differ from the agreement's terms do not constitute a permanent waiver of their right to demand compliance with the original terms. This is a fairly standard clause in franchise agreements, allowing franchisors flexibility while requiring them to provide reasonable notice before reinstating previously waived requirements.