If the Belocal franchisee breaches the agreement, can Belocal still enforce its rights later?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
- B.
No Waiver.
No delay, waiver, omission, or forbearance on the part of Franchisor to exercise any right, option, duty, or power arising out of any breach or default by Franchisee or the Principals under this Agreement shall constitute a waiver by Franchisor to enforce any such right, option, duty, or power against Franchisee or the Principals, or as to a subsequent breach or default by Franchisee or the Principals.
- C.
Approval or Consent.
Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee must make a timely written request to Franchisor, and such approval or consent must be obtained in writing.
No waiver, approval, consent, advice, or suggestion given to Franchisee, and no neglect, delay, or denial of any request therefor, shall constitute a warranty or guaranty by Franchisor, nor does Franchisor assume any liability or obligation to Franchisee or any third party as a result thereof.
- D.
Force Majeure.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, Belocal retains the right to enforce the franchise agreement even after a franchisee breach. Specifically, a delay or omission on Belocal's part in exercising any right due to a breach by the franchisee does not constitute a waiver of Belocal's ability to enforce that right later. This protects Belocal's interests in the event of a franchisee default.
This provision means that Belocal's flexibility in addressing franchisee breaches is preserved. For example, if Belocal initially chooses not to enforce a specific requirement, it does not forfeit its right to enforce that requirement or any other provision in the future. This is a standard clause in franchise agreements, designed to protect the franchisor from inadvertently waiving its rights through leniency or delay.
Furthermore, all rights and remedies available to both parties are cumulative and not mutually exclusive. This means that Belocal can pursue multiple avenues of recourse simultaneously or sequentially if a franchisee violates the agreement. These remedies are in addition to any other rights or remedies provided within the agreement or available under law or equity. The rights and remedies are continuing and are not exhausted by one or more uses and may be exercised at any time or from time to time as often as may be expedient.
This section of the franchise agreement ensures that Belocal maintains its ability to address breaches effectively and comprehensively, safeguarding its brand standards and the integrity of the franchise system. Prospective franchisees should understand that Belocal's rights are broad and that any failure to comply with the agreement can result in multiple enforcement actions.