Does inaction by Clear Pest Pros franchisor constitute a waiver of rights?

According to Clear Pest Pros' 2025 Franchise Disclosure Document, the franchisor's delay or failure to exercise any right or remedy under the Franchise Agreement, or their acceptance of late or partial payments, does not constitute a waiver of their rights or remedies against the franchisee. This means that even if Clear Pest Pros does not immediately enforce a specific term of the agreement or accepts a payment that is not on time or in full, they still retain the right to enforce that term or demand full payment in the future.

This provision is fairly standard in franchise agreements, as it protects the franchisor from inadvertently losing their rights due to leniency or administrative delays. For a prospective Clear Pest Pros franchisee, this means they cannot assume that past leniency from the franchisor will continue indefinitely. Franchisees must consistently adhere to all terms of the agreement, regardless of whether the franchisor has strictly enforced them in the past.

For example, if Clear Pest Pros typically charges a non-compliance fee for a violation but chooses not to do so in one instance, they are not waiving their right to charge the fee for future violations. Similarly, if Clear Pest Pros accepts a royalty payment a few days late, they still have the right to demand timely payments in the future and pursue remedies for late payments if they choose. Franchisees should maintain open communication with Clear Pest Pros to address any potential issues or request accommodations, but they should not rely on past behavior as a guarantee of future flexibility.