How can the B Bops Company or Developer unilaterally waive an obligation or restriction imposed by the agreement?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
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- WAIVER OF OBLIGATIONS. Company or Developer may by written notice to the other unilaterally waive or reduce any obligation of or restriction upon the other imposed by this Agreement, effective upon delivery of such written notice to the other. Company makes no warranties upon which Developer may rely, and assumes no liability or obligation to Developer, by granting any waiver or by reason of any delay in acting on any request for a waiver. Any waiver granted by Company shall be without prejudice to any other rights Company may have, will be subject to continuing review by Company, and may be revoked, in Company's sole discretion, at any time and for any reason, effective ten (10) days after delivery of written notice to Developer.
Company and Developer 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 Developer 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 developer, or through the acceptance by Company of any payments due from Developer after any breach of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 53–145)
What This Means (2025 FDD)
According to B Bops' 2025 Franchise Disclosure Document, both B Bops and the Developer have the ability to unilaterally waive or reduce obligations or restrictions imposed on the other party under the agreement. This waiver must be communicated through written notice. The waiver becomes effective once the written notice is delivered to the other party.
However, B Bops makes no warranties or assumes any liability to the Developer by granting a waiver or delaying action on a waiver request. Any waiver granted by B Bops is subject to ongoing review and can be revoked at any time, for any reason, at B Bops' sole discretion. The revocation becomes effective ten days after written notice is delivered to the Developer.
The agreement also specifies that the failure of either party to enforce any right or insist on compliance with obligations does not constitute a waiver of those rights. This means that B Bops can choose not to enforce a specific requirement at one time without giving up the right to enforce it in the future. This clause protects B Bops' ability to adapt its enforcement practices without being bound by past leniency.