Are Beyond Juicery Eatery's rights and remedies cumulative or exclusive in the event of a breach?
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This Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.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, Beyond Juicery Eatery's rights are cumulative. Specifically, Item 23 details that if a franchisee breaches the agreement, any failure or delay by Beyond Juicery Eatery to enforce a provision does not prevent them from enforcing their rights later. This means Beyond Juicery Eatery does not waive its right to act on any other or subsequent breach by the franchisee.
This clause is significant for prospective franchisees because it means that Beyond Juicery Eatery retains the right to enforce all terms of the agreement, even if they have previously overlooked a franchisee's violation. For example, if a franchisee is late on royalty payments but Beyond Juicery Eatery does not immediately penalize them, Beyond Juicery Eatery still has the right to enforce the payment terms in the future.
This type of clause is common in franchise agreements, as it protects the franchisor's ability to maintain brand standards and enforce compliance without inadvertently relinquishing their rights through leniency. Franchisees should be aware that Beyond Juicery Eatery's forbearance on any particular issue does not constitute a permanent waiver of their rights.