Does the failure to exercise a right under the Benjamin Franklin Plumbing agreement constitute a waiver?

According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the failure of either party to exercise any right under the agreement does not constitute a waiver of the agreement's terms and conditions. This non-waiver clause applies to any other or subsequent breach or default under the agreement. It also specifies that the failure to insist on strict compliance with the terms and conditions of the agreement by the other party will not be considered a waiver.

This means that Benjamin Franklin Plumbing can choose not to enforce a specific term in one instance without giving up its right to enforce that term, or any other term, in the future. Similarly, if a franchisee violates a term of the agreement, Benjamin Franklin Plumbing's decision not to take action immediately does not prevent them from enforcing that term later on. This protects Benjamin Franklin Plumbing's ability to enforce the franchise agreement terms consistently over time.

Furthermore, the FDD states that Benjamin Franklin Plumbing's acceptance of payments due under the agreement does not constitute a waiver of any breaches by the franchisee that precede the acceptance of such payments. This provision ensures that Benjamin Franklin Plumbing can accept payments without inadvertently waiving their right to address any prior violations of the franchise agreement by the franchisee. This is a common provision in franchise agreements, designed to protect the franchisor's rights and ensure consistent enforcement of the agreement's terms.