Does the continuation of a Best Western membership waive the power to cancel the membership at a later time?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
Failure of the Board to effect cancellation when grounds therefore exist shall not be construed as a waiver of a power to cancel Membership at a subsequent time on the same or different grounds:
Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, the failure of the Board to cancel a membership when there are grounds to do so does not prevent them from canceling the membership at a later time. This means that even if Best Western does not act immediately on a violation or issue, they retain the right to cancel the membership later based on the same or different grounds.
This policy protects Best Western's interests by ensuring that they can address ongoing or repeated issues, even if they initially chose not to cancel the membership. It also means that a Best Western franchisee cannot assume that a past failure to enforce a rule constitutes a permanent waiver of that rule.
For a prospective Best Western franchisee, this highlights the importance of maintaining compliance with all terms and conditions of the membership agreement. It also suggests that building a strong, ongoing relationship with Best Western and proactively addressing any issues can help mitigate the risk of future cancellation. Franchisees should be aware that Best Western retains the right to act on any violation, regardless of whether they have done so in the past.