If Beyond Juicery Eatery accepts a payment, does this waive any existing Event of Default?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Acceptance of any Payment shall not waive any Event of Default. No delay or failure to exercise any right we have under this Agreement or to insist upon full compliance shall constitute a waiver or prevent us from insisting upon full compliance at any time.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery FDD, the acceptance of any payment does not waive any existing Event of Default. This means that even if Beyond Juicery Eatery continues to accept payments from a franchisee, they still retain the right to enforce any remedies related to the Event of Default.
This policy protects Beyond Juicery Eatery by ensuring they can address breaches of the franchise agreement, even while accepting payments. It prevents a franchisee from arguing that payment acceptance implies a waiver of the default. This is a fairly standard clause in franchise agreements, allowing franchisors to maintain their rights while working with franchisees to resolve issues.
For a prospective Beyond Juicery Eatery franchisee, this means that simply making payments does not resolve any outstanding defaults. It is crucial to address and cure any defaults separately to avoid further action from the franchisor, even if payments are current. Franchisees should communicate proactively with Beyond Juicery Eatery to resolve any defaults and not rely on payment acceptance as a sign that the default is being overlooked.