Does the existence of different provisions in other Chem Dry franchise agreements affect this agreement?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
CDI and FRANCHISEE shall not be deemed to have waived or impaired any right, power or option reserved by this Agreement (including, without limitation, CDI's right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before its term expires) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of CDI or FRANCHISEE to exercise any rights under this Agreement or to insist upon exact compliance by the other with its obligations hereunder; any waiver, forbearance, delay, failure or omission by CDI, or its affiliates, to exercise any right, power or option, whether of the same, similar or different nature, with respect to other CHEM-DRY Businesses; the existence of franchise agreements for other CHEM-DRY Businesses which contain provisions different from those
contained in this Agreement; or the acceptance by CDI, or its affiliates, of any payments due from FRANCHISEE after any breach of this Agreement.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, the existence of different provisions in other Chem Dry franchise agreements does not affect the current agreement. The agreement specifies that Chem Dry's failure to exercise its rights or insist on compliance, or any waivers or omissions regarding other Chem Dry businesses, will not impact Chem Dry's right to demand compliance with the current agreement.
This means that even if other Chem Dry franchisees have different terms or if Chem Dry has not strictly enforced certain terms with other franchisees, Chem Dry still retains the right to enforce every term, condition, and covenant in your specific franchise agreement. This includes the right to declare any breach a default and terminate the agreement.
This clause protects Chem Dry's ability to manage its franchise system consistently while allowing for flexibility in specific situations. However, it also places the onus on the franchisee to fully understand and comply with their own agreement, as there is no guarantee that Chem Dry will grant the same leniency or exceptions it may have granted to others. Franchisees should pay close attention to all terms and conditions and seek legal counsel if they are unclear about their obligations.
This type of clause is common in franchise agreements to ensure the franchisor maintains control over its brand standards and can enforce compliance as needed. Prospective franchisees should be aware that the terms of their agreement are binding regardless of what may be happening with other franchisees in the system.