Does the Care Plus Medical Ucc franchise agreement allow for verbal waivers?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.5 Consent; Waiver. No consent under this Agreement, and no waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the consent or waiver.
No waiver by a party of any right will affect the party's rights as to any subsequent exercise of that right or any other right.
No delay, forbearance or omission by a party to exercise any right will constitute a waiver of such right.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, the franchise agreement stipulates that waivers must be in writing to be effective. Specifically, Article 18.5 states that no consent or waiver regarding conditions or obligations within the agreement is valid unless it is documented in writing and signed by the party granting the consent or waiver. This requirement ensures that all waivers are formally recorded and acknowledged by the relevant parties, preventing potential misunderstandings or disputes.
This provision protects both Care Plus Medical Ucc and the franchisee by providing a clear and verifiable record of any agreed-upon waivers. It prevents either party from later claiming that a waiver was granted verbally without proper documentation. This is a standard practice in franchising to maintain clarity and avoid ambiguity in contractual relationships.
The clause also specifies that a party's failure to exercise a right or any delay or omission in doing so does not constitute a waiver of that right. This means that Care Plus Medical Ucc's or the franchisee's inaction on a particular issue does not prevent them from enforcing their rights in the future. This further reinforces the need for written documentation of any intentional waivers.