Can rights be waived or abridged orally in the Afuri Ramen Dumpling agreement?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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. 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 50–189)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, any waiver of the provisions within the franchise agreement must be documented in writing and signed by the party granting the waiver. This means Afuri Ramen Dumpling will not accept any verbal agreements as a waiver of any condition of the agreement.
Afuri Ramen Dumpling retains the right to review any waiver it grants and may revoke it at any time, for any reason, with 10 days' prior written notice to the franchisee. The brand's customs or practices that differ from the agreement's terms do not constitute a waiver of its right to demand strict compliance with the original terms. Furthermore, any delay, waiver, or omission on the part of Afuri Ramen Dumpling to exercise its rights following a breach by the franchisee does not affect or impair its rights, nor does it represent a waiver of the right to declare any subsequent breach or default.
Moreover, Afuri Ramen Dumpling's subsequent acceptance of any payment due does not imply a waiver of any prior breach by the franchisee of the agreement's terms or conditions. This clause reinforces the importance of adhering to the written terms of the franchise agreement and highlights that only written waivers, explicitly granted and signed, are valid and binding.