For All Team, what is the effect of a written waiver by Secured Party of a Default of this Agreement?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, a written waiver by Secured Party of a Default of this Agreement will not operate as a waiver of any other Default or of a succeeding Default under the same provision or as a waiver of the provision itself.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, a written waiver by the Secured Party of a default under the agreement does not act as a waiver for any other default. It also does not waive any succeeding default under the same provision, nor does it waive the provision itself. This means that even if All Team provides a written waiver for a specific default, they still retain the right to enforce the agreement for any other breaches, future breaches of the same clause, or the clause itself.
This clause is designed to protect All Team's interests by ensuring that they do not inadvertently relinquish their rights through leniency or temporary waivers. For a franchisee, this means that receiving a waiver for one default does not provide any long-term protection or guarantee against future enforcement of the same or other provisions. Franchisees must remain compliant with all aspects of the agreement, as past waivers offer no assurance of future leniency.
This type of clause is common in franchise agreements, as franchisors need to maintain consistent standards across all franchise locations to protect the brand. Franchisees should be aware that any waiver they receive is likely to be very specific and limited in scope, and they should not rely on past waivers as a basis for future non-compliance. It is important to address any underlying issues that led to the initial default to prevent future problems and ensure a good working relationship with All Team.