Does B Bops' acceptance of payments after a breach waive any rights?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
Company and Franchisee shall not be deemed to have waived or impaired any right, power or option reserved by this Agreement by virtue of any custom or practice of the parties at variance with the terms hereof; by any failure, refusal or neglect of Company or Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunder; by any waiver, forbearance, delay, failure or omission by Company to exercise any right, power or option, whether of the same or of a different nature, with respect to any other franchisee; or through the acceptance by Company of any payments due from Franchisee after any breach of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to B Bops' 2025 Franchise Disclosure Document, B Bops' acceptance of payments from a franchisee after a breach of the franchise agreement does not automatically mean that B Bops has waived its rights regarding that breach.
Specifically, the FDD states that B Bops will not be deemed to have waived or impaired any right, power, or option reserved by the agreement simply because it accepts payments from the franchisee after a breach. This means that even if a B Bops franchisee violates the terms of the agreement, and B Bops continues to accept royalty payments or other fees, B Bops still retains the right to take action regarding the franchisee's breach.
This clause protects B Bops' ability to enforce the franchise agreement even if they continue to accept payments. For a prospective franchisee, this means that even if B Bops accepts payments after a violation, it does not excuse the violation nor prevent B Bops from pursuing legal remedies or terminating the franchise agreement due to the breach.