Does the Beehive Homes franchise agreement define what constitutes a waiver of rights under the agreement?
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 franchise agreement specifies how a waiver of rights or breach is excused. It states that any waiver or consent must be in writing and signed by the party who is claimed to have waived their rights or given consent.
The Beehive Homes agreement also clarifies that if a party fails to enforce any provisions, rights, or elections, it does not prevent them from enforcing or exercising those rights later. This means that Beehive Homes franchisees cannot assume that a lack of enforcement in the past implies a permanent waiver.
Furthermore, the Beehive Homes franchise agreement specifies that a consent to or waiver of a breach does not constitute a consent to, waiver of, or excuse for any other breach. This ensures that each instance of a breach is treated separately and that waiving one breach does not set a precedent for future breaches.