Does a waiver with respect to one B Bops franchisee affect rights with respect to other franchisees?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
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' 2025 Franchise Disclosure Document, a waiver granted to one franchisee does not automatically extend to other franchisees. B Bops retains its rights even if it has previously waived them for another franchisee.
Specifically, B Bops' agreement states that the company's failure to enforce its rights with one franchisee does not mean those rights are waived for other franchisees. This protects B Bops from inadvertently losing its ability to enforce the franchise agreement's terms across its entire franchise system.
For a prospective B Bops franchisee, this clause means that they cannot assume they will receive the same leniency or waivers granted to other franchisees. B Bops can choose to enforce the franchise agreement strictly for some franchisees while offering waivers or leniency to others, based on its own discretion. This ensures B Bops maintains control over its franchise system and can address individual situations as it sees fit.