How can a Participating Location or PAR waive a term, right, or condition related to Dq Treat?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
Any purported waiver by Participating Location or PAR will only be enforceable if in writing signed by such party and will not be deemed to waive any later breach of the same or any other term, right or condition.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, any waiver by a Participating Location or PAR (ParTech, Inc.) of any term, right, or condition is only enforceable if it is in writing and signed by the party granting the waiver. This written waiver does not mean that future breaches of the same or any other term, right, or condition are also waived.
This requirement for a written waiver provides clarity and legal protection for both the Participating Location and PAR. It ensures that any agreement to waive a specific term is documented and prevents misunderstandings or disputes about whether a waiver was actually intended. This is a fairly standard practice in franchising, as it protects both parties by requiring written documentation of any changes to the original agreement.
For a prospective Dq Treat franchisee, this means that if they ever need to request a waiver of any term, right, or condition, they must ensure that they obtain it in writing and that the document is signed by the appropriate party. This written waiver will only apply to the specific instance covered in the document and will not set a precedent for future situations. Franchisees should be aware of this requirement to protect their interests and ensure that any agreed-upon waivers are legally binding.