Under the Beehive Homes franchise agreement, must a waiver of a term or provision be in writing to be effective?
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 the 2025 Beehive Homes Franchise Disclosure Document, any waiver or consent regarding a term or provision of the franchise agreement must be in writing and signed by the party who is claimed to have waived or consented. This requirement ensures that there is clear, documented evidence of any agreed-upon changes or exceptions to the original agreement.
This provision protects both Beehive Homes and the franchisee by preventing misunderstandings or disputes based on verbal agreements or implied consent. It also specifies that if a party fails to enforce a provision, right, or election under the agreement, it does not prevent them from enforcing it later. This means that Beehive Homes's or the franchisee's inaction on a particular issue does not constitute a permanent waiver of their rights.
Furthermore, any consent or waiver of a breach does not extend to other breaches. Each instance of a breach requires its own specific written consent or waiver. This clause ensures that past leniency does not set a precedent for future violations. This level of detail provides clarity and legal protection for all parties involved in the Beehive Homes franchise agreement.