How does Big Apple Bagels provide notice of a waiver of obligation or restriction?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- i. Franchisor and Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Any waiver granted by Franchisor shall be without prejudice to any other rights Franchisor may have, will be subject to continuing review by Franchisor and may be revoked, in Franchisor's sole discretion, at any time and for any reason, effective upon delivery to Franchisee of ten (10) days' prior written notice. Franchisor and Franchisee shall not be deemed to have waived or impaired any right, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition and covenant herein or to declare any breach thereof to be a default and to terminate the Franchise prior to the expiration of its term) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of Franchisor or Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunder including, without limitation, any mandatory specification, standard or operating procedure; any waiver, forbearance, delay, failure or omission by Franchisor to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other BAGELS Store; or the acceptance by Franchisor of any payments from Franchisee after any breach by Franchisee of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, both Big Apple Bagels and the franchisee can waive or reduce obligations or restrictions under the Franchise Agreement. To do so, the party must provide written notice to the other party. This notice becomes effective either upon delivery or on another date specified in the waiver notice.
However, any waiver granted by Big Apple Bagels is not absolute. Big Apple Bagels retains the right to review the waiver and revoke it at any time, for any reason, at its sole discretion. To revoke a waiver, Big Apple Bagels must provide the franchisee with ten days' prior written notice.
The Franchise Agreement specifies that neither party is deemed to have waived any right, power, or option simply due to custom, practice, failure to exercise a right, or acceptance of payments after a breach. This ensures that Big Apple Bagels's or the franchisee's actions or inactions do not inadvertently result in a permanent relinquishment of their rights under the agreement.