If a provision of the Best Brains Option Agreement is waived, does that waive other provisions?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- d. No Waiver. No waiver of any of the provisions of this Option Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, a waiver of any provision within the Option Agreement does not automatically constitute a waiver of other provisions. The terms outlined in the Option Agreement are considered separate and distinct. This means that if Best Brains chooses to waive a specific requirement or condition for a franchisee, it does not imply that other requirements or conditions are also waived.
This clause protects Best Brains by ensuring that franchisees cannot assume leniency on one aspect of the agreement extends to all areas. Each provision stands independently unless explicitly stated otherwise in writing. This prevents franchisees from claiming that a past waiver sets a precedent for future exceptions.
For a prospective Best Brains franchisee, this "no waiver" clause underscores the importance of adhering to all terms of the Option Agreement. Franchisees should not rely on any perceived flexibility or previous waivers as a guarantee of similar treatment in other situations. Any request for deviation from the agreement must be documented in writing and formally approved by Best Brains to be considered valid.