Under the Dq Treat agreement, does a delay in exercising a right constitute a waiver of that right?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 24. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
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 Franchise Disclosure Document, a delay in exercising a right under the agreement does not constitute a waiver of that right. This means that if either Dq Treat or the franchisee delays in enforcing any of their rights outlined in the franchise agreement, that delay does not mean they have given up that right. They can still exercise that right in the future, provided other conditions are met. This clause protects both parties from inadvertently losing rights due to temporary inaction.
This provision is fairly standard in franchise agreements. It ensures that a party's leniency or temporary inability to enforce a right does not permanently forfeit that right. However, franchisees should be aware that there might be time limits or statutes of limitations that could ultimately impact their ability to exercise a right, regardless of this clause.
For a prospective Dq Treat franchisee, this clause offers some reassurance that they won't lose contractual rights simply by not acting immediately. However, it's crucial to understand the full scope of their rights and obligations under the agreement and to seek legal advice if they are unsure about how to proceed in any situation. Franchisees should also be aware of any state-specific laws that may affect the enforceability of certain provisions in the franchise agreement.