Under the All County franchise agreement, what is the effect of a written instrument unilaterally waiving an obligation?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 25.4. Waiver of Obligations. We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver.
Any waiver we grant will be without prejudice to any other rights we may have, will be subject to our continuing review and may be revoked, in our sole business judgment, at any time and for any reason, effective upon delivery to you of ten (10) days' prior written notice.
- 25.5. Non-Waiver. We and you will not be deemed to have waived or impaired any right, power or option reserved by this Agreement.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, both All County and the franchisee can unilaterally waive or reduce any obligation or restriction upon the other under the franchise agreement. This waiver becomes effective once written notice is delivered, or on another date specified in the waiver notice.
However, any waiver granted by All County is not a permanent relinquishment of rights. All County retains the right to review the waiver and revoke it at any time, for any reason, based on their business judgment. This revocation becomes effective after the franchisee receives ten days' prior written notice.
Furthermore, the agreement specifies that neither All County nor the franchisee will be considered to have waived or impaired any right, power, or option reserved by the agreement simply through their actions or inactions. This ensures that a party's failure to enforce a right at one time does not prevent them from enforcing it in the future.