Does a waiver of any provision of the Christian Brothers Automotive agreement constitute a waiver of any other provision?

According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, a waiver or delay in enforcing any breach of a term within the agreement will not be considered a waiver of any prior or subsequent breaches, delays in enforcement, or any other terms of the agreement. Furthermore, accepting any payment from the franchisee does not constitute a waiver of any breach of any term, covenant, or condition of the agreement.

This means that Christian Brothers Automotive retains the right to enforce all aspects of the franchise agreement, even if they have previously overlooked a franchisee's violation or accepted payments despite a breach. This protects Christian Brothers Automotive from inadvertently relinquishing their rights due to leniency or administrative oversight.

For a prospective Christian Brothers Automotive franchisee, this clause underscores the importance of adhering to every term of the franchise agreement. Even if a particular infraction seems minor or goes unnoticed initially, Christian Brothers Automotive can still enforce that provision in the future. This provision is fairly standard in franchise agreements, as it protects the franchisor's rights and ensures consistent enforcement of the agreement's terms across all franchisees.