Under what condition is a waiver of any right or remedy effective under the Bevaris Alliance agreement?

According to the 2024 Bevaris Alliance Franchise Disclosure Document, a waiver of any right or remedy is only effective if it is provided in writing. This means that any agreement by Bevaris Alliance to forgo a right or remedy must be documented in a written format to be considered valid.

This requirement protects both the franchisor and the franchisee by ensuring that waivers are clearly documented and agreed upon. It prevents misunderstandings or disputes that could arise from verbal agreements or implied waivers. The written form provides a clear record of the specific rights or remedies being waived, reducing the potential for future disagreements.

Furthermore, the FDD specifies that a waiver of any right or remedy does not constitute a waiver of any subsequent breach or default. This means that if Bevaris Alliance waives a right or remedy for a specific instance, it does not give up its right to enforce that right or remedy in future situations. Similarly, a delay or failure to exercise a right or remedy does not waive that right or prevent its future exercise. This ensures that Bevaris Alliance retains its ability to enforce the franchise agreement terms consistently over time.

For a prospective franchisee, this clause highlights the importance of documenting all agreements and understandings with Bevaris Alliance in writing. It also emphasizes that any leniency or waiver granted by Bevaris Alliance in one instance does not set a precedent for future situations. Franchisees should be aware that Bevaris Alliance retains the right to enforce all terms of the franchise agreement unless a specific written waiver is in place.