Under what conditions is a consent or waiver effective under the Crave Cookies franchise agreement?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.5 Consent; Waiver. No consent under this Agreement, and no waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the consent or waiver.
No waiver by a party of any right will affect the party's rights as to any subsequent exercise of that right or any other right.
No delay, forbearance or omission by a party to exercise any right will constitute a waiver of such right.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, a consent or waiver related to the franchise agreement is only considered effective if it meets specific requirements. For a consent or waiver to be valid, it must be documented in writing and signed by the party who is granting the consent or waiver.
This stipulation ensures that there is a clear record of any agreed-upon changes or allowances made regarding the franchisee's obligations or the franchisor's requirements. The written and signed format helps prevent misunderstandings or disputes that could arise from verbal agreements or implied consent. It also provides a formal mechanism for both parties to acknowledge and agree to the consent or waiver.
Additionally, the Crave Cookies franchise agreement specifies that a waiver by either party of any right does not impact their rights concerning any subsequent exercise of that right or any other right. This means that if Crave Cookies chooses not to enforce a specific requirement at one point, it does not forfeit its right to enforce that requirement or any other requirement in the future. Similarly, any delay, forbearance, or omission by a party to exercise any right does not constitute a waiver of that right, ensuring that rights are preserved even if not immediately enforced.
These provisions are designed to protect both the franchisee and Crave Cookies by ensuring clarity and formality in any modifications or waivers to the franchise agreement, and by preserving each party's rights over time.