Does a waiver by Brueggers Bagels of a particular default affect their rights regarding subsequent defaults?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 23.3. No Implied Waiver. No delay or failure by us to exercise any right reserved to us under this Agreement or to insist upon strict compliance by you with any obligation or condition hereunder, and no custom or practice of the parties at variance with the terms hereof, will constitute a waiver of our right to exercise such right or to demand exact compliance by you with any of the terms hereof. Waiver by us of any particular default by you will not affect or impair our rights with respect to any subsequent default of the same, similar, or a different nature. Acceptance by us of any payments due to us hereunder will not be deemed to be a waiver by us of any preceding breach by you.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, a waiver by Brueggers Bagels of a specific default by a franchisee does not prevent them from enforcing their rights regarding any later defaults. This applies whether the subsequent default is the same, similar, or of a different nature than the one initially waived.
This means that even if Brueggers Bagels chooses not to take action on a specific violation of the franchise agreement, they still retain the right to enforce the agreement for any future violations. This protects Brueggers Bagels's ability to maintain brand standards and ensure all franchisees adhere to the agreed-upon terms.
For a prospective Brueggers Bagels franchisee, this clause highlights the importance of consistently adhering to the franchise agreement. A franchisee cannot assume that leniency on one occasion will excuse future non-compliance. Franchisees should maintain open communication with Brueggers Bagels to address any potential issues and ensure they fully understand their obligations under the agreement.