Does Beyond Juicery Eatery assume any obligation to third parties by providing any waiver to the Developer?
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This Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.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 FDD, Beyond Juicery Eatery's agreements include a clause addressing waivers. Specifically, it states that if Beyond Juicery Eatery waives a breach of the agreement by the developer, or delays or fails to enforce any provision of the agreement, this does not mean that Beyond Juicery Eatery is waiving any other breach or giving up its rights to enforce the agreement in the future.
This clause is designed to protect Beyond Juicery Eatery's interests by ensuring that any leniency shown to the developer in one instance does not set a precedent or prevent them from enforcing the agreement strictly in other situations. It also clarifies that any changes to the agreement must be made in writing and signed by both parties to be valid.
For a prospective franchisee, this means that Beyond Juicery Eatery retains the right to enforce all terms of the agreement, even if they have previously overlooked a violation. This provision aims to provide clarity and protect Beyond Juicery Eatery's ability to uphold the standards and requirements of the franchise system.