Does a delay in pursuing a remedy constitute a waiver of that remedy for a Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Waiver/Integration. No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppel to enforce our rights with respect to that or any other or subsequent breach. Subject to our rights to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a delay or failure by Bens Soft Pretzels to enforce any provision of the Franchise Agreement will not be deemed a waiver of any other or subsequent breach. Nor will it prevent Bens Soft Pretzels from enforcing its rights with respect to that or any other subsequent breach.
Essentially, this means that if Bens Soft Pretzels does not immediately act upon a franchisee's violation of the agreement, it does not forfeit its right to take action later. This clause protects Bens Soft Pretzels's ability to enforce the franchise agreement terms, even if there have been prior instances where they did not strictly enforce those terms.
This type of clause is common in franchise agreements, allowing franchisors flexibility in managing their franchise network without inadvertently relinquishing their rights through leniency. However, prospective franchisees should be aware that Bens Soft Pretzels retains the right to enforce all provisions of the agreement, even if they haven't always done so in the past.