Can B Bops revoke a waiver it has granted?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, B Bops has the right to revoke any waiver it has granted to a franchisee. The franchise agreement specifies that any waiver granted by B Bops is subject to continuing review and can be revoked at any time, for any reason, at B Bops's sole discretion. To revoke a waiver, B Bops must provide written notice to the franchisee.
This clause means that even if B Bops initially agrees to relax or waive a specific requirement or obligation for a franchisee, it retains the power to reinstate that requirement later. This could impact various aspects of the franchise operation, such as operational standards, payment schedules, or territory restrictions. The franchisee does not have to agree with the revocation to have it take effect.
For a prospective B Bops franchisee, this highlights the importance of carefully considering all obligations within the franchise agreement. While waivers might offer temporary relief, they are not permanent and can be withdrawn, potentially requiring the franchisee to adjust their business practices or financial planning accordingly. It would be prudent for a potential franchisee to discuss the conditions under which waivers are typically granted and revoked with existing franchisees during their due diligence.