Can Alloy waive any provision of the Franchise Agreement in writing?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppel to enforce our rights with respect to that or any other or subsequent breach. This Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, Alloy can only waive, alter, or rescind the Franchise Agreement in writing if both Alloy and the franchisee sign the document. A delay or failure by Alloy to enforce any provision of the Franchise Agreement does not represent a waiver of any other or subsequent breach, nor does it prevent Alloy from enforcing its rights regarding that or any other subsequent breach.
This means that verbal agreements or implied waivers are not sufficient to change the terms of the Franchise Agreement. Any modifications or waivers must be documented in writing and agreed upon by both parties to be legally binding. This protects both Alloy and the franchisee by ensuring that any changes to the agreement are clear, intentional, and documented.
This requirement for written waivers is a common practice in franchising to avoid misunderstandings and disputes over the terms of the agreement. It ensures that both parties are fully aware of any changes and have formally agreed to them. Prospective franchisees should be aware of this provision and ensure that any desired changes to the Franchise Agreement are properly documented in writing and signed by both parties.