Under the Camp Margaritaville agreement, can a delay in exercising a right be considered a waiver of that right?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.5 Waiver.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, a delay in exercising any right, remedy, power, or privilege arising from the franchise agreement will not be considered a waiver of that right. Furthermore, if either party exercises any right, remedy, power, or privilege, it does not prevent them from any further exercise of that right or any other right.
This clause protects both Camp Margaritaville and the franchisee. For example, if Camp Margaritaville does not immediately enforce a specific requirement of the franchise agreement, they do not forfeit their right to enforce it later. Similarly, if the franchisee doesn't immediately utilize a benefit or right granted in the agreement, they can still exercise it in the future.
This type of 'no waiver' clause is standard in franchise agreements. It provides both parties with flexibility and protects them from inadvertently losing rights due to temporary inaction. Franchisees should be aware of this provision as it ensures that Camp Margaritaville cannot be deemed to have waived its rights simply by not immediately enforcing them.