Does a waiver by Buildingstars of a franchisee's default constitute a waiver of any other default?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by BUILDINGSTARS of any default of the FRANCHISEE shall constitute a waiver of any other default and shall not preclude BUILDINGSTARS from thereafter requiring strict compliance with this Agreement.
Source: Item 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, a waiver by Buildingstars of any default by a franchisee does not constitute a waiver of any other default. Furthermore, such a waiver does not prevent Buildingstars from requiring strict compliance with the franchise agreement in the future. This is detailed in the "Miscellaneous Provisions" section of the agreement.
This provision means that if Buildingstars chooses not to enforce a specific requirement or overlooks a franchisee's failure to comply with a term of the agreement on one occasion, it does not forfeit its right to enforce that term or any other term in the future. Buildingstars retains the right to demand strict adherence to all aspects of the franchise agreement, regardless of any previous leniency.
For a prospective Buildingstars franchisee, this clause underscores the importance of consistently adhering to all terms and conditions of the franchise agreement. Even if Buildingstars appears to be lenient or overlooks a violation, it does not set a precedent for future conduct. Franchisees should not assume that a past waiver will protect them from future enforcement actions. Buildingstars retains the right to enforce all terms of the agreement at any time.