Under what circumstances is a waiver by Apricot Lane binding?

According to Apricot Lane's 2025 Franchise Disclosure Document, any approval or consent granted by Apricot Lane must be in writing to be binding upon them, unless otherwise provided in the agreement. This means that if a franchisee seeks a waiver or exception to a rule, policy, or requirement, they must obtain written confirmation from Apricot Lane for it to be considered valid and enforceable.

This requirement for written consent protects Apricot Lane from potential misunderstandings or disputes regarding verbal agreements or implied waivers. It ensures that both parties have a clear record of any agreed-upon deviations from the standard franchise agreement. For a prospective franchisee, this highlights the importance of documenting all communications and agreements with Apricot Lane in writing.

Furthermore, the document states that the waiver by an associate or Apricot Lane of a breach of any provision of the agreement shall not operate or be construed as a waiver of any subsequent breach thereof. This implies that if Apricot Lane overlooks a violation of the agreement once, it does not relinquish its right to enforce that provision in the future. Each instance of non-compliance is treated separately, and Apricot Lane retains the ability to address subsequent breaches. This clause reinforces the importance of franchisees consistently adhering to the terms of the franchise agreement.