Does the Beef O Bradys agreement specify that any waiver granted is subject to continuing review?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
Maivers. We will not be deemed to have waived our right to demand exact compliance with any of the terms of this Agreement, even if at any time: (a) we do not exercise a right or power available to us under this Agreement; or (b) we do not insist on your strict compliance with the terms of this Agreement; (c) there develops a custom or practice which is at variance with the terms of this Agreement; or (d) if we accept payments which are otherwise due to us under this Agreement. Similarly, our waiver of any particular breach or series of breaches under this Agreement or of any similar term in any other agreement between you and us or between us and any other franchise owner, will not affect our rights with respect to any later breach by you or anyone else. Any waiver we may grant to you will, without any prejudice to you and without any obligation our part to compensate you, be subject to our continuing review, and may be revoked by us, at any time and for any reason, effective upon our notice to you of our revocation of the waiver.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, any waiver that Beef O Bradys grants to a franchisee is subject to continuing review. This means that even if Beef O Bradys chooses not to enforce a specific term of the franchise agreement at one point, this does not prevent them from enforcing it later.
Beef O Bradys retains the right to change its mind and require strict compliance with the original terms. The waiver is granted without prejudice to the franchisee and without any obligation on Beef O Bradys' part to compensate the franchisee.
Furthermore, Beef O Bradys can revoke the waiver at any time, for any reason, simply by providing notice to the franchisee. This gives Beef O Bradys significant flexibility in managing the franchise relationship and ensures that they are not permanently bound by any leniency they might show to a franchisee at a particular time. This type of clause is relatively common in franchise agreements, as it protects the franchisor's ability to maintain brand standards and enforce the agreement consistently across all franchisees.