Must waivers of the All Dogs Unleashed franchise agreement be in writing?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
9.5 Waiver and Delay. The following will not constitute our waiver of the provisions of this Agreement with respect to any later breach or our waiver of our right at any time to require strict compliance with the provisions of this Agreement or of the Franchise Agreements:
9.5.1 Waiver by us of any breach or series of breaches or defaults in your performance,
9.5.2 Our failure, refusal or neglect to exercise any right, power or option given to us under this Agreement or under any Franchise Agreement between us and you, or
9.5.3 Our failure, refusal or neglect to insist on strict compliance with or performance of your obligations under this Agreement or any other Franchise Agreement between you and us.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the franchise agreement specifies that the franchisor's failure to enforce any provision or insist on strict compliance by the franchisee does not constitute a waiver of their rights.
Specifically, the All Dogs Unleashed franchise agreement states that the franchisor's waiver of a breach, failure to exercise a right, or neglect to insist on compliance does not waive their right to require strict compliance in the future. This means that even if All Dogs Unleashed overlooks a franchisee's violation of the agreement, they can still enforce that provision later.
This clause protects All Dogs Unleashed's ability to enforce the franchise agreement's terms consistently over time. It prevents a franchisee from arguing that the franchisor's previous leniency prevents them from enforcing a specific requirement later on. This type of clause is standard in franchise agreements to ensure consistent brand standards and operational procedures across all franchise locations.