factual

Under the Chocolate Fish Coffee franchise agreement, how must consent or waiver of obligations be provided?

Chocolate_Fish_Coffee Franchise · 2024 FDD

Answer 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 23 — RECEIPTS (FDD pages 41–119)

What This Means (2024 FDD)

According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, any consent or waiver of obligations under the franchise agreement must be in writing and signed by the party granting the consent or waiver. This requirement ensures that all agreements and waivers are documented and officially acknowledged by the relevant parties, providing a clear record of the terms and conditions.

This provision also specifies that 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. Additionally, any delay, forbearance, or omission by a party to exercise any right will not constitute a waiver of such right. This means that if Chocolate Fish Coffee or the franchisee chooses not to enforce a specific right at one time, it does not prevent them from enforcing that right or any other right in the future.

This requirement is typical in franchise agreements to protect both the franchisor and franchisee by ensuring that any modifications or waivers are formally documented and agreed upon, reducing the potential for misunderstandings or disputes. Franchisees should be aware of this requirement and ensure that any agreements or waivers they make are properly documented in writing and signed by Chocolate Fish Coffee to be considered valid.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.