factual

For All Team, does a written waiver by the Secured Party of a default operate as a waiver of any other default?

All_Team Franchise · 2025 FDD

Answer 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.

A delay, omission, or course of dealing on the part of Secured Party in exercising any right, power, or remedy will not operate as a waiver of it, except if this Agreement expressly requires the right, power, or remedy to be exercised within a specified time, and a single or partial exercise by Secured Party of any right, power, or remedy does not preclude any further exercise of it or the exercise of any other right, power, or remedy.

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 operate as a waiver of any other default. Additionally, it does not waive a succeeding default under the same provision or act as a waiver of the provision itself. This means that even if All Team's Secured Party provides a written waiver for a specific default, this waiver is limited to that particular instance and does not excuse any other breaches of the agreement or future occurrences of the same default.

This clause protects the Secured Party's rights and ensures that they can enforce the terms of the agreement despite any previous leniency. For a prospective All Team franchisee, this implies that they must consistently adhere to all terms of the agreement, as a waiver for one default will not protect them from consequences for other or repeated defaults.

Furthermore, delays or omissions on the part of the Secured Party in exercising any right, power, or remedy do not constitute a waiver, unless the agreement expressly requires the right, power, or remedy to be exercised within a specified time. A single or partial exercise of any right, power, or remedy by the Secured Party does not prevent any further exercise of it or the exercise of any other right, power, or remedy. This reinforces the importance of franchisees understanding and complying with all aspects of the agreement to avoid potential defaults and subsequent enforcement actions.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.