Does Benjamin Franklin Plumbing's acceptance of overdue amounts waive their right to exercise other remedies?

According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the acceptance of overdue amounts does not prevent Benjamin Franklin Plumbing from pursuing other remedies. Specifically, if a franchisee underpays royalty fees or other amounts, they are required to promptly pay the amount due, along with applicable late fees and interest.

Benjamin Franklin Plumbing explicitly states that their "payment and our acceptance of the overdue amounts will not constitute a waiver of or prejudice our right to exercise any other remedy in this Agreement, including termination." This means that even if Benjamin Franklin Plumbing accepts a late payment, they still retain the right to pursue any other remedies available to them under the franchise agreement, such as termination.

This clause protects Benjamin Franklin Plumbing's interests by ensuring that they can still enforce the terms of the franchise agreement even if they accept a late payment. For a prospective franchisee, this highlights the importance of making all payments on time and in full to avoid potential penalties or legal action, even if late payments are accepted on occasion.