According to Bonchon's By-Laws, can a member waive a required notice?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to give us immediate written notice of any alleged breach or violation of this Agreement after you have constructive or actual knowledge of, believe, determine or are of the opinion that there has been an alleged breach of this Agreement by us, including any acts of misfeasance or nonfeasance. If you do not give written notice to us of any alleged breach of this Agreement within one year from the date that you have knowledge of, believe, determine or are of the opinion that there has been an alleged breach by us, then our alleged breach will be considered to be condoned, approved and waived by you and will not be considered to be a breach of this Agreement by us, and you will be permanently barred from commencing any action against us for the alleged breach or violation.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, a franchisee (member) can waive notice of an alleged breach by Bonchon. Specifically, if a franchisee believes Bonchon has breached the agreement, they must provide written notice to Bonchon within one year of discovering the breach.
If the franchisee fails to provide this written notice within the one-year timeframe, the FDD states that the franchisee's "alleged breach will be considered to be condoned, approved and waived by you and will not be considered to be a breach of this Agreement by us, and you will be permanently barred from commencing any action against us for the alleged breach or violation."
This means a Bonchon franchisee essentially forfeits their right to take action against Bonchon for that particular breach. This clause puts the onus on the franchisee to be vigilant about identifying and reporting any potential breaches by Bonchon in a timely manner. It is important for prospective franchisees to understand this requirement and have systems in place to monitor Bonchon's compliance with the franchise agreement.