How can the Counselor Realty franchise agreement be waived, modified, or varied?

According to the 2025 Counselor Realty Franchise Disclosure Document, the franchise agreement may be waived, modified, or varied only through a written document signed by both Counselor Realty and the franchisee. This written document must be prepared by Counselor Realty to be considered valid.

This requirement ensures that any changes to the original agreement are formally documented and agreed upon by both parties, preventing misunderstandings or disputes based on verbal agreements or informal communications. It also protects both the franchisee and Counselor Realty by providing a clear record of any alterations to the terms of the franchise relationship.

The FDD also states that any acceptance of or failure to act upon a breach of the agreement does not constitute a waiver of any other or subsequent breach. Additionally, no custom, practice, or course of dealing constitutes a waiver of any provision of the agreement. This means that Counselor Realty's actions or inactions in response to a franchisee's violation of the agreement do not set a precedent for future breaches or modify the terms of the agreement unless explicitly documented in a written waiver. This protects Counselor Realty from inadvertently weakening the agreement through its conduct.

This clause is typical in franchise agreements to maintain consistency and enforceability. Prospective franchisees should understand that any desired changes to the franchise agreement must be formally negotiated and documented in writing to be valid.