Do Beverly Anns Cookie Owners waive notice of demand for payment from the Franchisee?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you may, by written instrument, unilaterally waive or reduce any obligation of or restriction upon the other. Any waiver granted by us shall apply only the to the specifically waived provisions and shall not affect any other rights we may have. We and you shall not be deemed to have waived or impaired any right, power or option reserved by this Franchise Agreement (including the right to demand exact compliance with every term, condition and covenant in this Franchise Agreement, or to declare any breach of this Franchise Agreement to be a default, and to terminate the Franchise Agreement before the expiration of its Term) by virtue of: (i) any custom or practice of the parties that varies with the terms of this Franchise Agreement; (ii) any failure, refusal or neglect of us or you to exercise any right under this Franchise Agreement or to insist upon exact compliance by the other with its obligations under this Franchise Agreement, including any mandatory specification, standard or operating procedure; (iii) any waiver, forbearance, delay, failure or omission by us to exercise any right, power or option, whether of the same, similar or different nature, relating to other Beverly Ann's Cookie Truck franchisees; or (iv) the acceptance by us of any payments due from you after breach of this Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Beverly Anns Cookie franchisees and the franchisor can waive obligations or restrictions in writing. Any waiver applies only to the specific provisions waived and doesn't affect other rights. Neither party waives rights if they don't enforce terms, even if there's a custom or practice that varies from the agreement.
Specifically, the document states that Beverly Anns Cookie and the franchisee aren't deemed to have waived or impaired any right, power, or option reserved by the Franchise Agreement due to customs, failure to exercise rights, or any waiver regarding other franchisees. This includes the right to demand exact compliance with every term and condition within the Franchise Agreement.
This section clarifies that Beverly Anns Cookie's acceptance of payments after a breach of the Franchise Agreement does not prevent them from enforcing the agreement's terms later. This protects the franchisor's ability to address breaches, even if they initially accept payments. Franchisees should understand that the franchisor's actions or inactions don't necessarily constitute a permanent waiver of any rights under the agreement.