Must a waiver of a breach be in writing to be binding upon Bambu?

According to Bambu's 2025 Franchise Disclosure Document, a waiver by the Associate, Franchisee, or Bambu of a breach of any provision within the agreement does not constitute a waiver of any subsequent breaches. Critically, any waiver is not binding upon Bambu unless it is documented in writing and signed by an authorized representative of Bambu. This requirement ensures that any relinquishment of Bambu's rights is deliberate and officially sanctioned.

For a prospective Bambu franchisee, this means that any understanding or agreement they believe they have with Bambu that involves waiving a specific requirement or obligation must be documented in writing and properly signed by Bambu to be enforceable. Verbal agreements or implied waivers will not hold up. This protects Bambu from unintended concessions and provides clarity for both parties.

This clause is fairly standard in franchise agreements, as it protects the franchisor from inadvertently waiving rights through informal actions or communications. Franchisees should always seek written confirmation for any deviations from the standard agreement to ensure their understanding is legally binding and to avoid potential disputes with Bambu.