Does Cicis' failure to exercise a right under the franchise agreement constitute a waiver of that right?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you will not waive or impair any right, power, or option this Agreement reserves (including our 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) because of any custom or practice at variance with this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, which then will have no effect.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis' 2025 Franchise Disclosure Document, Cicis's failure to exercise any right under the franchise agreement does not constitute a waiver of that right. Cicis will not waive or impair any right, power, or option the agreement reserves because of any custom or practice at variance with the agreement's terms. This includes Cicis's failure, refusal, or neglect to exercise any right under the agreement or to insist upon the franchisee's compliance with the agreement.
This means that even if Cicis does not consistently enforce a specific term or condition of the franchise agreement, they retain the right to demand strict compliance at any time. This protects Cicis's ability to enforce all aspects of the agreement in the future, regardless of past practices.
For a prospective franchisee, this clause emphasizes the importance of adhering to every term and condition of the franchise agreement. The franchisee cannot assume that Cicis's leniency or lack of enforcement in one instance will prevent Cicis from enforcing that term in the future. Franchisees should maintain full compliance to avoid potential issues or disputes with Cicis.