Can a waiver of a breach of the Beyond Juicery Eatery agreement be implied from a delay in enforcement?

According to the 2025 Beyond Juicery Eatery Franchise Disclosure Document, a delay or failure by Beyond Juicery Eatery to enforce any provision of the agreement does not constitute a waiver of any other or subsequent breach. Nor does it prevent Beyond Juicery Eatery from enforcing its rights regarding that or any other subsequent breach. The agreement specifies that a waiver must be in writing and signed by both the franchisee and Beyond Juicery Eatery to be valid.

This means that even if Beyond Juicery Eatery overlooks a franchisee's violation of the agreement at one point, it does not relinquish its right to enforce that provision or any other provision in the future. This protects Beyond Juicery Eatery's ability to maintain brand standards and ensure compliance across all franchise locations.

For a prospective Beyond Juicery Eatery franchisee, this clause highlights the importance of adhering to the franchise agreement at all times. Franchisees cannot assume that leniency in one instance will excuse future non-compliance. It is crucial to understand that Beyond Juicery Eatery retains the right to enforce all terms of the agreement, even if they have not done so consistently in the past. This term is fairly standard within the franchise industry, as franchisors need to maintain consistent standards across all locations.

Furthermore, the Beyond Juicery Eatery agreement explicitly states that it cannot be waived, altered, or rescinded unless it is done so in writing and signed by both parties. This reinforces the importance of written documentation for any changes to the agreement and prevents misunderstandings or disputes based on verbal agreements or implied waivers.