How must a waiver or discharge of a term in the Clean Your Dirty Face Franchise Agreement be documented?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you may by written instrument unilaterally waive or reduce any obligation of or restriction on the other under this Agreement, effective on delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective on delivery of ten (10) days' prior written notice.
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 on the other's compliance with this
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, any waiver or reduction of obligations or restrictions under the Franchise Agreement must be documented through a written instrument. This written waiver becomes effective upon delivery of written notice to the other party or on another effective date as specified in the waiver notice.
It's important to note that any waiver granted by Clean Your Dirty Face is not permanent. The franchisor retains the right to review the waiver continuously and can revoke it at any time, for any reason. To revoke a waiver, Clean Your Dirty Face must provide the franchisee with ten days' prior written notice.
Furthermore, Clean Your Dirty Face's failure to enforce any right or insist on compliance with the agreement's terms does not constitute a waiver of those rights. The franchise agreement explicitly states that Clean Your Dirty Face reserves the right to demand exact compliance with every term and condition, and can declare any breach a default, even if they have not done so in the past. This protects Clean Your Dirty Face's ability to enforce the agreement fully in the future, regardless of past practices.