If Beyond Juicery Eatery waives a breach of the agreement, does that waive other breaches?
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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, a waiver of a breach of contract does not constitute a waiver of other breaches. Specifically, if Beyond Juicery Eatery chooses not to enforce a specific provision of the agreement or delays in enforcing it, this will not prevent them from enforcing that provision or any other provision in the future.
This clause protects Beyond Juicery Eatery's right to enforce the franchise agreement fully, even if they have previously been lenient or overlooked a franchisee's violation. It ensures that franchisees cannot claim that past leniency prevents Beyond Juicery Eatery from enforcing the agreement strictly in the future.
For a prospective franchisee, this means that even if Beyond Juicery Eatery does not immediately act upon a violation of the franchise agreement, the franchisee remains responsible for complying with all terms. The franchisee cannot assume that a lack of immediate enforcement implies a permanent waiver of any requirement. It is important to adhere to the agreement's terms diligently to avoid future enforcement actions.