Does acceptance of partial payment by Bumble Roofing modify the guaranty?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
The acceptance of any interest payment shall not be construed as a waiver by Franchisor of its rights in respect of the default giving rise to such payment and shall be without prejudice to Franchisor's right to terminate this Agreement in respect of such default.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Bumble Roofing Franchise Disclosure Document, the acceptance of any interest payment does not represent a waiver of Bumble Roofing's rights regarding the default that led to the payment. This means that even if Bumble Roofing accepts a partial payment or an interest payment, it still retains all its rights and options concerning the original default.
For a prospective Bumble Roofing franchisee, this clause is important because it clarifies that making partial payments or paying interest on overdue amounts does not excuse any prior defaults. Bumble Roofing can still pursue remedies for the original default, including terminating the franchise agreement, regardless of whether they have accepted subsequent payments. This protects Bumble Roofing's interests and ensures that franchisees cannot use partial payments to avoid the consequences of their initial failures to meet obligations.
This type of provision is fairly standard in franchise agreements. It protects the franchisor's rights and ensures consistent enforcement of the agreement's terms. Franchisees should be aware that bringing an account current after a default does not necessarily resolve the default. Franchisees should aim to adhere to all payment schedules and other contractual obligations to avoid defaults and potential termination of the agreement, as well as understand the ramifications of any late or partial payments.