factual

When does a waiver become effective in the B Bops franchise agreement?

B_Bops Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. 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.

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2025 FDD)

According to B Bops's 2025 Franchise Disclosure Document, either party can waive or reduce any obligation or restriction imposed on the other party through written notice. This waiver becomes effective immediately upon delivery of the written notice to the other party.

However, B Bops makes no warranties or assumes any liability to the franchisee by granting any 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, upon written notice to the franchisee.

The franchise agreement also states that B Bops's failure to enforce any right or insist on compliance does not waive or impair any right. Similarly, accepting payments after a breach of the agreement does not constitute a waiver.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.