Under what conditions is a consent or waiver 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, a consent or waiver related to the franchise agreement is only effective if it meets specific requirements. For a consent or waiver to be valid, it must be documented in writing and signed by the party providing the consent or waiver.
This requirement ensures that both Bombs Away and the franchisee have a clear record of any agreed-upon consents or waivers, reducing the potential for misunderstandings or disputes later on. The written and signed format provides a verifiable agreement that can be referenced if questions arise about the scope or validity of the consent or waiver.
Additionally, the franchise agreement specifies that a party's decision not to exercise a right immediately does not prevent them from using that right in the future. Similarly, any delay or failure to enforce a right does not constitute a waiver of that right. This protects both Bombs Away and the franchisee, ensuring that they do not inadvertently lose rights due to temporary leniency or oversight.