If City Publications accepts payment after a breach by the franchisee, is this considered a waiver of the breach?

According to City Publications' 2025 Franchise Disclosure Document, the acceptance of payments by City Publications after a franchisee breach does not automatically constitute a waiver of that breach. City Publications retains its right to pursue remedies for the breach, even after accepting payment.

This provision protects City Publications' ability to enforce the franchise agreement, even if they accept payments from a franchisee who is in default. This is a fairly standard clause in franchise agreements, as franchisors need to maintain consistent standards across all franchise locations to protect the brand.

For a prospective City Publications franchisee, this means that simply making payments will not excuse any prior breaches of the franchise agreement. City Publications can still take action against the franchisee for those breaches, even while accepting current or subsequent payments. Franchisees need to ensure they are in full compliance with the franchise agreement to avoid potential issues, as later payments will not absolve earlier breaches.

It is important for franchisees to maintain open communication with City Publications and address any potential breaches promptly to mitigate possible repercussions. Franchisees should also seek legal counsel to fully understand their rights and obligations under the franchise agreement.