How must a consent or waiver be documented to be effective under the Bombs Away franchise agreement?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.5 Consent; Waiver. No consent under this Agreement, and no waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the consent or waiver. No waiver by a party of any right will affect the party's rights as to any subsequent exercise of that right or any other right. No delay, forbearance or omission by a party to exercise any right will constitute a waiver of such right.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, any consent or waiver related to the franchise agreement must be documented in a specific manner to be considered valid. Specifically, any consent provided by either the franchisee or Bombs Away, or any waiver of a condition or nonperformance of an obligation, must be in writing. Furthermore, the written consent or waiver must be signed by the party granting the consent or waiver.
This requirement ensures that all agreements and relinquishments of rights are clearly documented and acknowledged by the involved parties, reducing the potential for misunderstandings or disputes. The provision also clarifies that a single waiver of a right does not permanently relinquish that right, and any delay in exercising a right does not constitute a waiver of that right.
This clause is typical in franchise agreements to ensure clarity and enforceability. By requiring written and signed documentation, Bombs Away aims to maintain a transparent and legally sound relationship with its franchisees. This protects both Bombs Away and the franchisee by providing a clear record of any agreed-upon changes or waivers to the original agreement.