Under what conditions is a waiver binding under the Best Brains Option Agreement?
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 is only binding if it is executed in writing by the party granting the waiver. This means that any verbal agreements or implied waivers will not be considered valid.
This requirement protects both Best Brains and the franchisee by ensuring that any modifications or waivers to the Option Agreement are clearly documented and agreed upon in writing. This reduces the risk of misunderstandings or disputes over the terms of the agreement. It also ensures that all parties are fully aware of their rights and obligations.
In the franchise industry, requiring written waivers is a common practice to maintain clarity and enforceability of contracts. This provision in the Best Brains Option Agreement aligns with standard legal practices, providing a safeguard for both the franchisor and the franchisee. Prospective franchisees should ensure they understand this clause and obtain any waivers in writing to protect their interests.