If Best Western waives a breach of the agreement, does that waive subsequent breaches of the same provision?

According to Best Western's 2025 Franchise Disclosure Document, any waiver by Best Western of a breach of any provision within the agreement will not be construed as a waiver of any subsequent breach of that provision. This means that even if Best Western overlooks or chooses not to enforce a specific violation of the franchise agreement at one point, they still retain the right to enforce that same provision in the future if another breach occurs.

For a prospective Best Western franchisee, this implies that leniency on Best Western's part for a past infraction does not excuse or protect against future similar infractions. Franchisees should not assume that a previous waiver sets a precedent. Best Western maintains its right to enforce all aspects of the franchise agreement, regardless of any prior waivers or delays in enforcement.

This clause protects Best Western's ability to maintain standards and compliance across all its franchises. Franchisees must remain diligent in adhering to all requirements of the franchise agreement to avoid potential penalties or termination, even if a similar issue was previously waived. This is a fairly standard clause in franchise agreements, designed to prevent franchisees from claiming that past leniency creates a permanent exception to the rules.