How must a waiver excusing any obligation imposed by the addendum be executed to be effective for a Bhc franchise?

According to Bhc's 2025 Franchise Disclosure Document, any waiver that excuses or reduces obligations within the addendum must be documented in a specific manner to be considered valid. The waiver must be in writing. Additionally, the party responsible for granting the waiver must execute it, meaning they must sign or formally approve the written waiver. The waiver's effectiveness is limited to the extent explicitly outlined in the written document. This means the waiver will only apply to the specific obligations or situations detailed in the waiver itself.

This requirement ensures that any modifications or exemptions to the standard lease agreement are clearly documented and agreed upon by the relevant parties. This protects both the franchisee and Bhc by preventing misunderstandings or disputes over verbal agreements or implied waivers. The written requirement provides a clear record of any changes to the original terms, which can be crucial in resolving conflicts.

For a prospective Bhc franchisee, this means that if they seek a waiver for any obligation outlined in the addendum, they must ensure that the waiver is obtained in writing and properly executed by the party granting the waiver. It is important to carefully review the language of the waiver to understand the exact scope and limitations of the excused obligation. This also means that any verbal agreements or understandings regarding waivers are not enforceable unless they are formalized in a written and executed document.