Under what condition can the Advanced Mobile Iv And Amiv franchise agreement be waived?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
s to show clearly that you and your employees are not our employees. All employees and independent sub-contractors you employ must meet our character, quality and performance standards. All state and federal, workers compensation and insurance requirements must be met for all employees and sub-contractors, including requirements we express in the Operations Manual.
The liability of you and your owners, shareholders, members or partners will be both joint and several. A breach of this Agreement by you or by any shareholder, member or partner will be a breach by all of the shareholders, members or partners and also by you.
9.4 Waiver. A waiver of any breach of any provision, term, covenant, or condition of this Agreement will not be a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition.
Any waiver of any provision of this Agreement must be set forth in writing and signed by the party granting the waiver. Any waiver we grant will not prejudice any other rights we may have, and will be subject to our continuing review. 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.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to the 2023 Advanced Mobile Iv And Amiv Franchise Disclosure Document, a waiver of any term within the franchise agreement will not act as a waiver for any future breaches of the same or other terms. Any waiver must be documented in writing and signed by the party who is granting the waiver.
Advanced Mobile Iv And Amiv retains the right to review any waiver that they grant and may revoke it at any time, for any reason. To revoke a waiver, Advanced Mobile Iv And Amiv must provide the franchisee with 10 days' prior written notice.
The FDD states that the customs or practices of the parties that differ from the agreement's terms do not constitute a waiver of Advanced Mobile Iv And Amiv's right to demand compliance with the original terms. Furthermore, any delay, waiver, or omission to exercise rights due to a breach by the franchisee does not affect or impair Advanced Mobile Iv And Amiv's rights and does not represent a waiver of any right to declare a subsequent breach or default. Advanced Mobile Iv And Amiv's acceptance of payment will not be considered a waiver of any prior breach of the agreement by the franchisee. Advanced Mobile Iv And Amiv may unilaterally waive any obligation of the franchisee, their owners, or any guarantors by written notice. However, if the franchisee is in breach of the agreement, Advanced Mobile Iv And Amiv can arbitrarily withhold consent whenever it is required.