Must a waiver by All States M.E.D. be in writing to be binding?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
No failure of Franchisor to exercise any power reserved to it hereunder, or to insist upon strict compliance by Franchisee with any obligation or condition hereunder, and no custom nor practice of the parties in variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with the terms of this Agreement. Waiver by Franchisor of any particular default by Franchisee shall not be binding unless in writing and executed by Franchisor and shall not affect nor impair Franchisor's right with respect to any subsequent default of the same or of a different nature. Subsequent acceptance by Franchisor of any payment(s) due shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee of any terms, covenants or conditions of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, any waiver by All States M.E.D. of the franchisee's compliance with the franchise agreement must be in writing to be binding. Specifically, the waiver must be executed by All States M.E.D. to be considered valid.
This requirement protects both the franchisee and All States M.E.D. by ensuring that any agreed-upon deviations from the standard franchise agreement are documented and officially approved. This prevents misunderstandings or disputes that could arise from verbal agreements or informal practices. It also ensures that the franchisee cannot claim a waiver was granted without proper written documentation from All States M.E.D.
This type of clause is common in franchise agreements to maintain clarity and enforceability. Franchisees should pay close attention to such provisions and ensure that any agreements or waivers they receive from All States M.E.D. are properly documented in writing and signed by an authorized representative of All States M.E.D.