How can the Beyond Juicery Eatery agreement be waived, altered, or rescinded?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppels to enforce our rights with respect to that or any other or subsequent breach.
This Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery FDD, the franchise agreement can only be waived, altered, or rescinded through a written agreement signed by both the franchisee and Beyond Juicery Eatery. This requirement for a written agreement ensures that any changes to the original contract are formally documented and agreed upon by all parties involved, providing clarity and legal protection. This clause applies to the Area Development Agreement as well.
This stipulation is typical in franchising, as it prevents misunderstandings or disputes that could arise from verbal agreements or informal communications. By mandating a written document, Beyond Juicery Eatery ensures that all modifications are clear, precise, and legally binding, reducing the potential for future disagreements. Franchisees should be aware that no verbal promises or assurances from Beyond Juicery Eatery can change the terms of the agreement unless they are formalized in writing and signed by both parties.
However, the FDD also includes addenda for franchisees in specific states like Indiana and Wisconsin, which amend certain sections of the standard franchise agreement to comply with state-specific franchise laws. For example, the Indiana addendum modifies sections related to releases of claims, termination, indemnification, and litigation to align with Indiana law. Similarly, the Wisconsin addendum states that the Wisconsin Fair Dealership Law supersedes any conflicting terms in the franchise agreement. These state-specific addenda take precedence over the standard agreement terms to the extent they are inconsistent, providing additional protections or clarifications for franchisees in those states.