Does Bumble Roofing's acceptance of payments waive any prior or subsequent breaches of the agreement?
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 Bumble Roofing's 2025 Franchise Disclosure Document, the acceptance of any interest payment does not represent a waiver of the company's rights regarding the default that led to the payment. This means that even if Bumble Roofing accepts a payment from a franchisee, it still retains the right to terminate the Franchise Agreement due to the original default.
This provision protects Bumble Roofing by ensuring that accepting payments does not prevent them from addressing ongoing or unresolved breaches of the agreement. It allows Bumble Roofing to continue pursuing remedies for the initial default, including termination of the agreement, regardless of whether they have accepted subsequent payments.
For a prospective Bumble Roofing franchisee, this means that simply making payments, including interest payments, will not excuse any prior breaches of the Franchise Agreement. Franchisees must ensure they fully remedy any defaults to avoid potential termination, as the franchisor's acceptance of payments does not waive their right to act on those defaults. This clause highlights the importance of adhering to the terms of the Franchise Agreement and promptly addressing any issues that may arise.