Does a waiver granted by Body Brain Center affect other rights the franchisor may have?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- 24.4 Waivers.
We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other.
Any waiver granted by us shall be without prejudice to any other rights we may have.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, any waiver that Body Brain Center grants to a franchisee does not negatively impact any other rights that Body Brain Center possesses. This means that even if Body Brain Center waives a specific obligation or restriction for a franchisee, it retains all of its other rights under the franchise agreement.
This clause protects Body Brain Center by ensuring that any leniency or special arrangement granted in one instance does not set a precedent or weaken their overall contractual rights. For a potential franchisee, this highlights the importance of understanding that any negotiated waiver is specific and does not imply broader flexibility in other areas of the agreement.
This is a fairly standard clause in franchise agreements, designed to maintain the franchisor's ability to enforce the agreement's terms consistently across all franchisees while allowing for occasional exceptions on a case-by-case basis. Franchisees should be aware that Body Brain Center can still enforce all other aspects of the agreement, even if a specific term is waived.