If Crisp & Green grants a waiver, can it be revoked?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
18.02 Waiver of Obligations. We and you may by written instrument unilaterally waive or reduce any obligation of the other under this Agreement. Any waiver granted by us shall be without prejudice to any other rights we may have, will be subject to continuing review by us and may be revoked, in our sole discretion, at any time and for any reason, effective upon delivery to you of ten (10) days' prior notice. You and we shall not be deemed to have waived any right reserved by this Agreement by virtue of any custom or practice of the parties at variance with it; any failure, refusal or neglect by you or us to exercise any right under this Agreement (except as provided in Section 18.03) or to insist upon exact compliance by the other with its obligations hereunder; any waiver, forbearance, delay, failure or omission by us to exercise any right, whether of the same, similar or different nature, with respect to other Restaurants; or the acceptance by us of any payments due from you after any breach of this Agreement. However, you agree that you will give us immediate written notice of any claimed breach or violation of this Agreement as soon as possible after you have knowledge, or determine, or are of the opinion, that there has been a breach or violation by us of this Agreement. If you fail to give written notice to us of any claimed misrepresentation, violation of law, or breach of this Agreement within one (1) year from the date you have knowledge, determine, are of the opinion, or become aware of facts and circumstances reasonably indicating, that you may have a claim against us or against any of our affiliates under any state law, federal law, or common law, then the misrepresentation, violation of law, or breach will be considered to have been condoned, approved and waived by you, and you will be barred from beginning any legal, arbitration, or other action against us or against our affiliates, or from instituting any counterclaim against us or our affiliates, for the misrepresentation, violation of law, or breach, or from using the alleged act or omission as a defense to any action we may maintain against you.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, Crisp & Green can revoke a waiver that it grants to a franchisee. Specifically, Crisp & Green may unilaterally waive or reduce any obligation of the franchisee under the Franchise Agreement via written instrument.
However, any waiver granted by Crisp & Green is subject to continuing review and may be revoked at any time, for any reason, at Crisp & Green's sole discretion. To revoke a waiver, Crisp & Green must provide the franchisee with ten days' prior written notice.
Additionally, the agreement specifies that Crisp & Green's failure to enforce any right under the agreement or to insist on compliance by the franchisee does not constitute a waiver of that right. This ensures that Crisp & Green retains its rights even if it does not always strictly enforce them. Franchisees must also provide immediate written notice of any claimed breach or violation of the agreement by Crisp & Green, and failure to do so within one year may result in the franchisee being barred from taking action against Crisp & Green.