Does the failure of Beyond Juicery Eatery to exercise a right constitute a waiver of that right?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- J.
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This Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.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, a delay or failure by Beyond Juicery Eatery to enforce any provision of the agreement will not be deemed a waiver of any other or subsequent breach, nor will it prevent Beyond Juicery Eatery from enforcing its rights regarding that or any other subsequent breach. The agreement specifies that a waiver of rights must be in writing and signed by both the franchisee and Beyond Juicery Eatery to be valid.
This clause protects Beyond Juicery Eatery from inadvertently losing its rights under the agreement if it chooses not to immediately enforce every single violation or breach by the franchisee. This is a common provision in franchise agreements, as franchisors need flexibility in managing their franchise systems and may sometimes choose to overlook minor infractions without giving up their ability to enforce the agreement in the future.
For a prospective Beyond Juicery Eatery franchisee, this means that they cannot assume that leniency in one instance will excuse future breaches of the agreement. Beyond Juicery Eatery retains the right to enforce all terms of the agreement unless a specific waiver is documented in writing and signed by both parties. This underscores the importance of adhering to the franchise agreement's terms and conditions, as Beyond Juicery Eatery's past actions do not necessarily indicate future acceptance of deviations from the agreement.