factual

Can a waiver granted by Big Apple Bagels be revoked, and if so, under what conditions?

Big_Apple_Bagels Franchise · 2025 FDD

Answer from 2025 FDD Document

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, any waiver that Big Apple Bagels grants to a franchisee can be revoked. Big Apple Bagels retains the sole discretion to revoke a waiver at any time and for any reason they deem appropriate.

To revoke a waiver, Big Apple Bagels must provide the franchisee with ten days' prior written notice. This means that the franchisee will have a short period to adjust to the revocation of the waiver and ensure they are in compliance with the original terms of the franchise agreement.

This clause also clarifies that Big Apple Bagels' failure to enforce any right or insist on compliance with any obligation does not constitute a waiver of those rights. This protects Big Apple Bagels' ability to enforce all terms of the agreement in the future, even if they have been lenient in the past. Similarly, accepting payments from a franchisee after a breach of the agreement does not prevent Big Apple Bagels from addressing the breach later.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.