Under the Endless Summer Sweets franchise agreement, what is required for a consent or waiver to be effective?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.5 Consent; Waiver. No consent under this Agreement, and no waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the consent or waiver.
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.
No delay, forbearance or omission by a party to exercise any right will constitute a waiver of such right.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets Franchise Disclosure Document, any consent or waiver related to the franchise agreement must be documented in writing and signed by the party granting the consent or waiver to be considered effective. This requirement ensures that all agreements or relinquishments of rights are clearly recorded and acknowledged by the relevant party, preventing potential misunderstandings or disputes.
This provision is typical in franchise agreements, as it provides a formal and legally sound method for documenting any deviations from the standard terms. It protects both Endless Summer Sweets and the franchisee by ensuring that any agreed-upon changes or waivers are explicitly stated and agreed upon in writing.
Furthermore, the Endless Summer Sweets franchise agreement specifies that a party's decision not to exercise a right immediately does not affect their ability to exercise that right in the future. Similarly, delays or omissions in exercising a right do not constitute a waiver of that right. This protects each party's ability to enforce their rights under the agreement at a later time, even if they initially chose not to do so.