Under what circumstances would Buona be deemed to have waived any rights under the Guaranty?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Franchisor.
No delay or omission on the part of Franchisor in exercising any right shall operate as a waiver of such right or any other right.
A waiver by Franchisor of a provision of this Guaranty shall not prejudice or constitute a waiver of Franchisor's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty.
No prior waiver by Franchisor, nor any course of dealing between Franchisor and Guarantor, shall constitute a waiver of any of Franchisor's rights or of any of Guarantor's obligations as to any future transactions.
Whenever the consent of Franchisor is required under this Guaranty, the granting of such consent by Franchisor in any instance shall not constitute continuing consent to subsequent instances
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona will not be considered to have waived any rights under the Guaranty unless the waiver is provided in writing and signed by Buona. Furthermore, any delay or failure on Buona's part to exercise any right does not constitute a waiver of that right or any other right.
A waiver by Buona of any provision within the Guaranty does not prevent Buona from demanding strict compliance with that provision or any other provision in the future. Previous waivers by Buona or any course of dealing between Buona and the Guarantor do not constitute a waiver of Buona's rights or the Guarantor's obligations for future transactions.
Moreover, if Buona's consent is required under the Guaranty, granting such consent in one instance does not imply ongoing consent for subsequent instances. This ensures that Buona retains its rights and the Guarantor remains obligated unless a written and signed waiver is explicitly provided by Buona.