Does a waiver of a breach of a provision in the Aerus agreement constitute a waiver of any succeeding breach?

According to Aerus's 2025 Franchise Disclosure Document, the company's failure to invoke its right to terminate the agreement in one instance does not prevent them from properly terminating the agreement later. This means that even if Aerus overlooks a franchisee's violation of the franchise agreement at one point, it does not relinquish its right to enforce the agreement and potentially terminate the franchise for similar or other violations in the future.

This clause protects Aerus's ability to maintain standards and compliance across its franchise network. It ensures that franchisees cannot argue that past leniency prevents Aerus from taking action against future breaches. For a prospective franchisee, this highlights the importance of consistently adhering to the terms of the franchise agreement.

Franchisees should be aware that Aerus retains the right to enforce all provisions of the agreement, regardless of any prior instances where they may have chosen not to act. This provision is fairly standard in franchise agreements, as franchisors need the flexibility to address breaches as they deem appropriate while maintaining overall system integrity.