Is a written agreement required for any amendment to the B Bops Franchise Agreement to be binding?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
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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.
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 by the Franchise Agreement, but such action requires written notice. Specifically, the party offering the waiver must deliver written notice to the other party, and the waiver becomes effective upon receipt of that notice. This means B Bops franchisees can only rely on waivers or reductions of obligations if they receive them in writing from B Bops.
B Bops makes no warranties or assumes liability 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, with written notice to the franchisee. This protects B Bops by allowing them to change their position on a waiver if circumstances change.
The agreement specifies that B Bops's or the franchisee's rights are not waived or impaired by customs or practices that differ from the agreement's terms, by a failure to exercise a right, or by accepting payments after a breach of the agreement. Additionally, B Bops's waivers to one franchisee do not set a precedent for other franchisees. This ensures that B Bops retains the right to enforce the agreement's terms strictly, regardless of past leniency or inconsistent practices. For a franchisee, this means they cannot assume a right or exception simply because it was granted to someone else or tolerated in the past.