How must a waiver of any right or remedy be given to be effective under the Bevaris Alliance agreement?
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 waiver specifically applies only to the instance for which it is given and does not imply a waiver for any subsequent breaches or defaults.
This requirement for written waivers provides clarity and legal certainty for both Bevaris Alliance and its franchisees. It ensures that any relinquishment of rights or remedies is documented and agreed upon, reducing the potential for misunderstandings or disputes. The stipulation that a waiver does not apply to subsequent breaches reinforces the importance of addressing each individual issue separately and prevents a franchisee from assuming that a past waiver will cover future similar situations.
For a prospective Bevaris Alliance franchisee, this means that any agreement to waive a right or remedy must be carefully considered and documented in writing. It is crucial to understand the specific implications of the waiver and to seek legal counsel if needed. Franchisees should also be aware that a single waiver does not set a precedent for future instances, and each situation will be evaluated independently.
This clause is fairly standard in franchise agreements, as it protects both parties by ensuring clarity and preventing unintended consequences from informal agreements or actions. Franchisees should pay close attention to this section of the agreement and seek legal advice to fully understand their rights and obligations.