Does Bb.Q Chicken's failure to exercise its option to purchase waive other provisions of the agreement?

According to Bb.Q Chicken's 2025 Franchise Disclosure Document, the brand's failure to exercise its option to purchase the franchisee's business does not waive other provisions of the agreement. Specifically, if a franchisee receives a bona fide written offer from an unaffiliated third party to purchase their business, development rights, and interests, Bb.Q Chicken has the option to purchase these on the same terms and conditions as offered by the third party. Bb.Q Chicken has 30 days after receiving written notice of the offer to exercise this option.

The FDD states that to determine whether to exercise this option, Bb.Q Chicken may require the franchisee to deliver certified financial statements and other information about their business and operations. If Bb.Q Chicken declines or does not accept the offer in writing within 30 days, the franchisee has 30 days from the expiration of the option period to sell, assign, and transfer their business to the third party, provided Bb.Q Chicken has consented to the transfer as required by the relevant section of the agreement.

However, Bb.Q Chicken's failure to exercise this option does not waive any other provision of the agreement, including all requirements related to the proposed transfer. This means that even if Bb.Q Chicken chooses not to buy the business, the franchisee must still comply with all other terms of the franchise agreement regarding the transfer of ownership. This protects Bb.Q Chicken's interests and ensures that any transfer meets their standards and requirements.