Does a waiver by SpeedLine of strict compliance with the Beggars Pizza agreement constitute a continuing waiver?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
NO WAIVER: No Waiver by SpeedLine of strict compliance with this Agreement by the Customer shall constitute a continuing waiver of strict compliance with the particular obligation, or a waiver of any subsequent strict compliance by the Customer with the same or any other obligation hereunder.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to Beggars Pizza's 2025 Franchise Disclosure Document, any leniency shown by SpeedLine regarding strict adherence to the agreement by a customer does not set a precedent for future waivers. This means that if SpeedLine, the software provider, overlooks a customer's failure to meet a specific obligation once, it doesn't mean they are obligated to do so again in the future.
For a prospective Beggars Pizza franchisee, this "no waiver" clause has significant implications. It reinforces that Beggars Pizza is expected to comply strictly with all terms of the agreement at all times. Even if a certain requirement is not enforced initially, Beggars Pizza cannot assume it will be overlooked again. It is important to maintain full compliance to avoid potential penalties or breaches of contract.
This type of clause is fairly standard in franchise agreements. It protects the franchisor's right to enforce all provisions of the agreement, even if they have previously been lenient. Beggars Pizza franchisees should be aware of this and ensure they understand and adhere to all requirements outlined in their agreements.