Under what conditions is a consent or waiver effective under the Desi District franchise agreement?

According to the 2024 FDD, a consent or waiver under the Desi District franchise agreement is only effective if it meets specific requirements. For a consent or waiver to be valid, it must be in writing and signed by the party granting the consent or waiver. This means that any verbal agreements or implied consents are not binding on either Desi District or the franchisee.

This requirement protects both Desi District and the franchisee by ensuring that any modifications to the franchise agreement or waivers of rights are clearly documented and agreed upon in writing. It prevents misunderstandings or disputes that could arise from relying on verbal agreements or assumptions. The written and signed consent or waiver provides a clear record of the parties' intentions and ensures that both parties are fully aware of the changes or waivers being made.

Additionally, the FDD states that 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. This means that if either Desi District or the franchisee waives a specific right in one instance, it does not prevent them from exercising that right in the future or exercising any other rights they have under the agreement. Also, no delay, forbearance or omission by a party to exercise any right will constitute a waiver of such right. This protects the parties from inadvertently waiving their rights through inaction or delay.