Does failure to exercise the right of first refusal waive other provisions of the Beggars Pizza agreement?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
Failure of Franchisor to exercise the option afforded by this Section 14.5 will not constitute a waiver of any other provision of the Agreement, including all of the requirements of this Section 14, with respect to a proposed transfer.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Beggars Pizza's 2025 Franchise Disclosure Document, the failure of Beggars Pizza to exercise its right of first refusal does not constitute a waiver of any other provision within the franchise agreement. This includes all requirements pertaining to a proposed transfer of interest.
Specifically, if a party holding interest in the Beggars Pizza franchise receives a legitimate offer from a third party to purchase their interest, they must notify Beggars Pizza and provide all necessary information and documentation related to the offer. Beggars Pizza then has 30 days to decide whether to purchase the seller's interest on the same terms offered by the third party.
If Beggars Pizza chooses not to purchase the interest and the terms of the third-party offer materially change, it constitutes a new offer, which is again subject to Beggars Pizza's right of first refusal. This ensures that Beggars Pizza retains control over who becomes a franchisee and under what terms, even if they initially decline an offer.