Does Beverly Anns Cookie waive a default if it chooses not to use a remedy?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- G. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, Beverly Anns Cookie does not waive a default by choosing not to use a remedy. The document states that if Beverly Anns Cookie chooses one remedy, it does not give up the right to use any other remedy.
Specifically, if Beverly Anns Cookie chooses not to use a remedy, it does not waive a default. Furthermore, by electing not to use any remedy, Beverly Anns Cookie does not waive its right to later consider the event a default and to use any remedies if the default continues or occurs again.
This clause protects Beverly Ann's Cookie's interests by ensuring that its inaction at one point in time does not prevent it from taking action later if the franchisee's default continues or happens again. This is a common provision in franchise agreements, allowing franchisors flexibility in addressing breaches without unintentionally relinquishing their rights.