What is Cd One Price Cleaners' acceptance of a lease not deemed to be?
Cd_One_Price_Cleaners Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.1 No Waiver. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee by providing any waiver, approval, acceptance, consent, or suggestion to Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. No delay, waiver, omission or forbearance on the part of Franchisor to exercise any right, option, duty or power arising out of any breach or default by Franchisee, or by any other franchisee, of any of the terms, provisions or covenants hereof shall constitute a waiver by Franchisor of any right to enforce any such right, option, or power as against Franchisee, or as to subsequent breach or default by Franchisee. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding or succeeding breach by Franchisee of any terms, covenants or conditions of this Agreement.
Source: Item 23 — Receipts (FDD pages 72–263)
What This Means (2025 FDD)
According to Cd One Price Cleaners' 2025 Franchise Disclosure Document, the franchisor's acceptance of a lease does not create any liability or obligation to the franchisee. Specifically, Cd One Price Cleaners makes no warranties or guarantees upon which a franchisee may rely. Furthermore, the franchisor does not assume any liability or obligation to the franchisee simply by providing any approval, acceptance, consent, or suggestion related to the franchise agreement. This also applies to any neglect, delay, or denial of any request.
This means that even if Cd One Price Cleaners approves a franchisee's lease, the franchisee cannot hold the franchisor responsible for any issues that may arise from the lease agreement. This clause protects Cd One Price Cleaners from potential legal claims by franchisees who may experience financial losses or other damages related to their lease. The franchisee bears the ultimate responsibility for ensuring the suitability and viability of the lease terms.
This type of clause is common in franchise agreements, as franchisors typically want to avoid being held liable for decisions made by franchisees regarding their specific business locations. Franchisees should carefully review all lease terms and seek independent legal and financial advice before signing any lease agreement to ensure they fully understand the risks and obligations involved. Franchisees should perform their own due diligence when selecting a site.