Under what conditions is a waiver of a term or condition in the Body20 franchise agreement effective?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.3 Waiver. Any term or condition of this Agreement may be waived at any time by the party which is entitled to the benefit of the term or condition, but such party must
explicitly state in writing an intent to waive such term or condition in order for the waiver to be effective. No course of dealing or performance by any party, and no failure, omission, delay, or forbearance by any party, in whole or in part, in exercising any right, power, benefit, or remedy, will constitute a waiver of such right, power, benefit, or remedy. Our waiver of any particular default does not affect or impair our rights with respect to any subsequent default you may commit. Our waiver of a default by another franchisee does not affect or impair our right to demand your strict compliance with the terms of this Agreement. We have no obligation to deal with similarlysituated franchisees in the same manner. Our acceptance of any payments due from you does not waive any prior defaults.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, a waiver of any term or condition within the franchise agreement is only effective if the party entitled to the benefit of that term or condition explicitly states in writing their intent to waive it. This means that Body20 cannot imply a waiver based on actions, inactions, or previous dealings.
This requirement protects both Body20 and its franchisees by ensuring that any relinquishment of rights or obligations is clearly documented and intentional. It prevents misunderstandings or disputes that could arise from informal agreements or assumptions. For a franchisee, this means Body20 can't later claim they waived a right simply because they didn't enforce it immediately or in every instance.
The FDD also states that Body20's waiver of any particular default does not affect its rights regarding any subsequent default by the franchisee. Similarly, a waiver of a default by another franchisee does not obligate Body20 to treat all franchisees the same way. Furthermore, Body20's acceptance of payments does not waive any prior defaults. These stipulations reinforce Body20's right to enforce the franchise agreement strictly, even if it has been lenient in the past. This is a fairly standard clause in franchise agreements, allowing franchisors to maintain control and consistency across their franchise network.