How can a right, remedy, power, or privilege under the Belocal franchise agreement be waived?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver of any right, remedy, power, or privilege under this Agreement ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver.
No failure to exercise, or delay in exercising, any Right operates as a waiver thereof.
No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right.
The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise; provided that, the parties intend that the remedy set out in Section 7 (Limited Warranty) is the Franchisee's exclusive remedy for any breach by N2 of the limited warranty set out in Section 9.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, a waiver of any right, remedy, power, or privilege under the franchise agreement is only effective if it is documented in writing and signed by the party who is giving up that right. This means that verbal agreements or implied actions will not be considered a valid waiver. Additionally, a failure to exercise or a delay in exercising any right does not operate as a waiver of that right.
This requirement for a written waiver provides clarity and legal certainty for both Belocal and the franchisee. It prevents misunderstandings or disputes about whether a right was truly waived. It also ensures that any waiver is made knowingly and intentionally, as it requires a deliberate act of signing a written document.
The franchise agreement also states that the rights and remedies outlined are cumulative, meaning they are in addition to any other rights or remedies available by law or equity. This protects both parties by ensuring that they can pursue all available legal avenues in case of a breach or dispute. However, the limited warranty in Section 7 is intended to be the franchisee's exclusive remedy for any breach by Belocal of the limited warranty in Section 9.