What is the required content of the written notice from the B Bops franchisee to the company regarding a breach?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
of the Franchise.
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- WAIVERS. Either party may by written notice to the other, unilaterally waive or reduce any obligation of or restriction upon the other party imposed by this Agreement, effective upon delivery of such written notice to such other party. Company makes no warranties upon which Franchisee may rely, and assumes no liability or obligation to Franchisee, 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 of the 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 upon delivery of written notice to Franchisee. 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.
Neither Company nor Franchisee shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (a) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof; (b) shortages of any equipment, materials or supplies necessary for construction or operation of the Franchise; (c) acts of God; (d) acts or omissions of the other party hereto; (e) strikes, embargoes or riots; or (f) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable under the circumstances. The inability of Franchisee to obtain financing for construction or operation of the Franchise shall not be considered grounds for excuse of performance hereunder.
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- APPROVAL OF COMPANY. Where the consent or approval of Company is required in any Section of this Agreement, Company agrees that such consent or approval shall not unreasonably be withheld.
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- INVALIDITY.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, the document does not specify the required content of a written notice from the franchisee to the company regarding a breach. The document does state that either party may waive obligations or restrictions imposed on the other party by providing written notice. Additionally, B Bops may modify or revise the Licensed System, Licensed Marks, or standards in the Operations Manual, informing the franchisee through updates to the Operations Manual or other written material.
Item 14 discusses insurance obligations, stating that each policy of insurance shall be issued by an insurance carrier acceptable to B Bops and shall name B Bop's, Inc. as additional insureds. All of such policies shall provide for a minimum of thirty (30) days written notice to B Bops prior to cancellation, termination, nonrenewal or change of such insurance.
To fully understand the requirements for notifying B Bops of a breach, a prospective franchisee should ask the franchisor for clarification on the specific information that must be included in such a notice. This will ensure compliance with the franchise agreement and avoid potential disputes.