Under the Bevaris Alliance agreement, is a written waiver required for any right or remedy?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 27.6 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
- (a) Waive that or any other right or remedy.
- (b) Prevent or restrict the further exercise of that or any other right or remedy.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, a waiver of any right or remedy is only considered effective if it is provided in writing. Furthermore, such a written waiver does not imply a waiver for any subsequent breaches or defaults. This means that Bevaris Alliance requires all waivers to be documented in writing to be valid.
This requirement protects both the franchisee and franchisor by ensuring there is a clear record of any rights or remedies that are waived. It prevents misunderstandings or disputes that could arise from verbal agreements or implied waivers. The written form provides clarity and legal certainty to the waiver.
For a prospective Bevaris Alliance franchisee, this means that any agreement to waive a right or remedy must be carefully documented. It is crucial to obtain legal advice before signing any waiver to fully understand the implications. Additionally, franchisees should be aware that a single waiver does not set a precedent for future situations, and each instance must be addressed individually with its own written waiver if needed.
This type of clause is fairly standard in franchise agreements to ensure clarity and avoid potential disputes over rights and remedies. Franchisees should always maintain thorough records of all agreements and waivers to protect their interests.