If Dryject accepts payments from me, does that constitute a waiver of any prior breaches of the Dryject agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by Us or by You of any covenant or condition or the breach of any covenant or condition of this Agreement to be kept or performed by the other party shall constitute a waiver by the waiving party of any subsequent breach of such covenant or condition or authorize the breach or non-observance on any other occasion of the same or any other covenant or condition of this Agreement. Subsequent acceptance by Us of any payments due to Us hereunder shall not be deemed to be a waiver by Us of any preceding breach by You of any terms, covenants or conditions of this Agreement. Any conditional waiver granted by Us shall be subject to Our continuing review, may subsequently be revoked for any reason effective upon Your receipt of ten (10) days prior written notice to that effect, and shall be without prejudice to any other rights We may have.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the acceptance of payments by Dryject does not constitute a waiver of any prior breaches of the franchise agreement by the franchisee. Specifically, even if Dryject accepts payments that are due, this will not be considered a waiver of any previous violations of the agreement's terms, conditions, or covenants by the franchisee. This protects Dryject's right to address past breaches, even while continuing to accept payments.
Furthermore, any waiver granted by Dryject is conditional and subject to ongoing review. This means that Dryject can revoke a waiver at any time, provided they give the franchisee ten days' prior written notice. This conditionality ensures that Dryject retains the flexibility to respond to changing circumstances or new information, and it prevents franchisees from relying on a waiver as a permanent release from their obligations. The revocation of a waiver does not affect any other rights Dryject may have.
This clause is designed to protect Dryject's interests by ensuring that they do not inadvertently waive their rights through the acceptance of payments or the granting of temporary waivers. For a prospective franchisee, this means that even if Dryject accepts payments or provides a temporary reprieve, they should not assume that past breaches are forgiven. It is crucial to correct any breaches promptly and maintain compliance with the franchise agreement to avoid potential future repercussions.