What is the requirement for a B Bops extension to be valid?
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)
Based on the 2025 B Bops Franchise Disclosure Document, either B Bops or the developer can provide written notice to the other to waive or reduce any obligation or restriction imposed by the agreement. This waiver becomes effective upon delivery of the written notice.
However, B Bops makes no warranties or assumes any liability to the developer by granting any waiver or delaying action on a waiver request. Any waiver granted by B Bops is subject to continuing review and can be revoked at any time, for any reason, with ten days' written notice to the developer.
The agreement between B Bops and the developer will not be affected by customs or practices varying from the agreement's terms, failure to exercise rights, or waivers granted to other franchisees. Similarly, B Bops' acceptance of payments from the developer after a breach of the agreement does not constitute a waiver of rights.