Does Casiola's insistence on a franchisee's strict compliance with their obligations constitute a waiver of any term or condition of the franchise agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
No delay, waiver, omission, or forbearance on the part of Franchisor to enforce any term and condition of this Agreement or exercise any of Franchisor's rights, options, or powers under this Agreement constitutes a waiver by Franchisor to enforce any other term and condition of this Agreement or exercise any of Franchisor's other rights, options, or powers under this Agreement. No such delay, waiver, omission, or forbearance shall constitute a waiver by Franchisor to subsequently enforce such term and condition of this Agreement or subsequently exercise such right, option, or power. Acceptance by Franchisor of any payments, fees, charges, or other amount from Franchisee payable to Franchisor pursuant to this Agreement shall not constitute a waiver or acceptance of Franchisee's default or breach of this Agreement or otherwise a waiver of any term and condition of this Agreement, and Franchisor reserves the right to pursue any and all additional remedies set forth in this Agreement, at law, or in equity. Franchisor shall likewise not be deemed to have waived or impaired any term and condition, right, option or power set forth in this Agreement by virtue of any custom or practice of the parties at variance with the terms and conditions of this Agreement or Franchisor's insistence upon Franchisee's strict compliance with Franchisee's obligations, including any mandatory specification, standard or operating procedure. No waiver by Franchisor of any term and condition of this Agreement shall be valid unless in writing and signed by Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, Casiola's insistence on a franchisee's strict compliance with their obligations does not constitute a waiver of any term or condition of the franchise agreement.
Specifically, the FDD states that Casiola's enforcement of some terms does not mean they waive the right to enforce other terms, or to later enforce the same terms. This means that even if Casiola overlooks a franchisee's minor infraction, they still retain the right to enforce that rule, or any other rule, in the future.
Furthermore, Casiola's acceptance of payments from a franchisee does not mean they are waiving their right to address any defaults or breaches of the agreement. Casiola explicitly reserves the right to pursue any and all remedies available to them, even if they have accepted payments from the franchisee. Any waiver by Casiola must be in writing and signed to be valid.