Under what condition can Amerispec Inspection Services waive an obligation or restriction upon the franchisee?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
- 23.8 No Waiver.
The Company and the Franchisee, by written instrument, may unilaterally waive any obligation of or restriction upon the other under this Agreement.
No acceptance by the Company of any payment by the Franchisee and no failure, refusal or neglect of the Company or the Franchisee to exercise any right under this Agreement or to insist upon full compliance by the other with its obligations hereunder or with any specification, standard or operating procedure shall constitute a waiver of any provision of this Agreement or any specification, standard or operating procedure; provided, however, that such failure, refusal or neglect to exercise any right under this Agreement or to insist upon full compliance by the other with its obligations under this Agreement or under state or federal law, or with any specification, standard or operating procedure, shall constitute a waiver of any default arising under this Agreement or under state or federal law and shall preclude exercise or enforcement of any right or remedy arising therefrom, unless written notice of such default is provided by the non-defaulting party within twelve (12) months after such right or default occurs.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to Amerispec Inspection Services's 2025 Franchise Disclosure Document, both Amerispec Inspection Services and the franchisee can waive obligations or restrictions imposed on the other party under the franchise agreement. However, this waiver must be documented in a written instrument. This means that any agreement to waive a requirement must be formally written and signed to be legally valid.
This clause protects both parties by ensuring that any waivers are clearly documented and agreed upon. It prevents misunderstandings or disputes that could arise from verbal agreements or implied waivers. For a prospective franchisee, this means that if Amerispec Inspection Services agrees to waive a certain requirement, such as a specific operational standard or payment deadline, the franchisee should ensure that this waiver is documented in writing and signed by both parties.
It is important to note that the FDD also states that the acceptance of any payment or failure to enforce a right does not automatically constitute a waiver of any provision. However, neglecting to provide written notice of a default within twelve months after it occurs will constitute a waiver of any default arising under the agreement. This means that Amerispec Inspection Services must actively notify the franchisee in writing of any defaults within a year to maintain their right to enforce that provision.
This section of the franchise agreement emphasizes the importance of clear, written communication and documentation. Franchisees should be diligent in ensuring that any agreements or waivers are properly documented to protect their interests and avoid potential disputes with Amerispec Inspection Services.