When does a written notice from B Bops Company or Developer waiving an obligation become effective?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
According to B Bops's 2025 Franchise Disclosure Document, either B Bops or the Developer can issue a written notice to waive or reduce obligations or restrictions imposed on the other party. This waiver becomes effective immediately upon delivery of the written notice.
However, any waiver granted by B Bops is not absolute. B Bops retains the right to review the waiver continuously and can revoke it at any time, for any reason. The revocation becomes effective ten (10) days after delivering written notice to the Developer.
Furthermore, the FDD states that B Bops's actions or inactions do not necessarily constitute a waiver of its rights. Specifically, the company is not deemed to have waived any right, power, or option simply because of the parties' customs or practices, failure to exercise a right, or acceptance of payments after a breach of the agreement. This ensures that B Bops retains its rights even if it doesn't strictly enforce every term of the agreement at all times.