Does failure to enforce any provision of the Beehive Homes agreement constitute a waiver of such provision?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
No term or provision hereof shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. The failure by any of the parties hereto to enforce any of said provisions, rights, or elections shall not preclude or prejudice such party from later enforcing or exercising the same or any other provisions, rights, or elections which it may have under this Agreement. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or substitute breach.
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, the failure to enforce any provision, right, or election within the franchise agreement does not prevent Beehive Homes from enforcing those provisions in the future. This means that even if Beehive Homes does not strictly enforce every single term of the agreement at all times, they retain the right to enforce those terms later on. This protects Beehive Homes' ability to maintain standards and uniformity across all its franchised locations.
For a prospective Beehive Homes franchisee, this clause means that you cannot assume a certain term of the agreement is waived simply because Beehive Homes has not enforced it previously. You are still obligated to comply with all terms of the franchise agreement, and Beehive Homes can choose to enforce any term at any time. This ensures that all franchisees are held to the same standards and that Beehive Homes retains control over its brand and operations.
Furthermore, any consent or waiver of a breach of the agreement does not constitute a consent or waiver of any other breach. This means that if Beehive Homes allows a franchisee to violate one aspect of the agreement, it does not give the franchisee permission to violate other aspects of the agreement. Each instance of non-compliance is treated separately, and Beehive Homes' response to one situation does not set a precedent for future situations. This protects Beehive Homes from inadvertently weakening its rights under the franchise agreement through inconsistent enforcement.