Is a waiver excusing any obligation imposed by the addendum valid for Bhc if it is not in writing?

According to the 2025 FDD, any waiver impacting obligations within the addendum for Bhc must be documented in writing to be considered valid. This written waiver must be executed by the party responsible for granting the waiver, and its effectiveness is limited to the specific extent explicitly outlined in the written document.

This requirement ensures clarity and prevents misunderstandings regarding any waived obligations. It protects both the franchisee and Bhc by providing a clear record of any agreed-upon exceptions or modifications to the standard terms outlined in the addendum. Without a written record, disputes could arise over whether a waiver was actually granted and what specific obligations were intended to be waived.

For a prospective Bhc franchisee, this means that any negotiation or agreement to reduce or eliminate an obligation under the addendum must be formally documented and signed by the appropriate party. Verbal agreements or implied understandings will not be sufficient to constitute a valid waiver. This provision is fairly standard in franchising, as it protects both parties by ensuring that any modifications to the franchise agreement are clearly documented and agreed upon in writing.