Under what conditions is a consent or waiver effective regarding a breach or default of obligations under the Bonchon franchise agreement?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
r delay continues for more than 180 days, we will have the right at any time thereafter during the continuance of such failure or delay to terminate this Agreement upon 30 days advance written notice to you.
21. APPROVALS AND WAIVER
21.01 Approvals
Whenever this Agreement requires you to secure our prior approval or consent, such approval or consent must be obtained in writing and must be timely sought.
21.02 Waiver and Delay
No waiver or delay in either party's enforcement of any breach of any term, covenant or condition of this Agreement will be construed as a waiver by that party of such breach or any preceding or succeeding breach, or any other term, covenant or condition of this Agreement. Without limiting any
of the foregoing, the acceptance of any payment specified to be paid by you under this Agreement will not be, nor constitute, a waiver of any breach of any term, covenant or condition of this Agreement.
We shall not be required to waive or impair any right, power, or option this Agreement reserves (including, without limitation, our right to demand exact compliance with every term, condition, and covenant or to terminate this Agreement before its term expires due to a breach) because of any custom or practice at variance with this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement, including, without limitation, any System standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Bonchon Restaurants;
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, a waiver or delay in enforcing any breach of the franchise agreement by either party will not be considered a waiver of that breach or any prior or subsequent breaches. This means that Bonchon's failure to enforce a specific term in the past does not prevent them from enforcing it in the future.
Furthermore, Bonchon's acceptance of any payment from the franchisee does not constitute a waiver of any breach of the agreement. Even if a franchisee is in violation of the agreement, Bonchon can still accept payments without relinquishing their right to address the breach. Bonchon is not required to waive or impair any right or option reserved in the agreement due to any custom or practice that differs from the agreement's terms.
Bonchon's failure to exercise a right or insist on compliance, including any system standard, does not constitute a waiver. This also applies to waivers or failures to exercise rights with other Bonchon restaurants or the existence of different provisions in other franchise agreements.
If Bonchon provides a waiver, approval, consent, or suggestion, it does not create any warranty or guarantee that the franchisee can rely on, and Bonchon assumes no liability or obligation to the franchisee by doing so. Therefore, any consent or waiver provided by Bonchon does not necessarily guarantee any specific outcome or protection for the franchisee.