Can Buona unilaterally waive or reduce any obligation of the franchisee under the franchise agreement?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
13.3 Waiver of Obligations**.** Either you or the Franchisor may, by written instrument, unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Any waiver granted by us will be without prejudice to any other rights we may have, will be subject to our continuing review, and may be revoked, in our sole discretion, at any time and for any reason, effective upon delivery to you of ten (10) days prior written notice.
Neither you nor the Franchisor will be deemed to have waived or impaired any right, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition and covenant herein, or to declare any breach thereof to be a default and to terminate the Franchise prior to the expiration of its terms), by virtue of any failure, refusal or neglect of either of us to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunder.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona, or the franchisee, can unilaterally waive or reduce any obligation of the other party under the franchise agreement. This waiver or reduction must be in writing and becomes effective once written notice is delivered to the other party, or on another date specified in the waiver notice.
However, any waiver granted by Buona is not a permanent relinquishment of rights. Buona retains the right to review the waiver and revoke it at any time, for any reason, at its sole discretion. To revoke a waiver, Buona must provide the franchisee with ten days' prior written notice.
The FDD also clarifies that neither Buona nor the franchisee is deemed to have waived or impaired any right, power, or option reserved by the agreement simply because they fail to exercise that right, power, or option. This includes the right to demand exact compliance with every term, condition, and covenant within the agreement.