Does a delay in exercising a right under the Face Foundrie agreement constitute a waiver of that right?

According to Face Foundrie's 2025 Franchise Disclosure Document, a delay or failure by Face Foundrie to exercise any right under the Franchise Agreement does not constitute a waiver of that right. Furthermore, a partial or single exercise of a right does not act as a waiver of that right or any other right detailed in the agreement. This means Face Foundrie retains its rights even if it delays or doesn't immediately enforce them.

This provision protects Face Foundrie's ability to enforce the Franchise Agreement in the future, even if they have previously been lenient or slow to act on a particular issue. It prevents franchisees from arguing that Face Foundrie has given up its right to enforce a specific term simply because they didn't act on it immediately or in every instance.

However, the Franchise Agreement also states that a Face Foundrie franchisee must provide immediate written notice of any claimed breach or violation of the agreement. Failure to provide written notice to Face Foundrie of any claimed misrepresentation, violation of law, or breach of the agreement within one year from the date of awareness will be considered condoned, approved, and waived by the franchisee. In this case, the franchisee will be barred from beginning any legal action against Face Foundrie.

This is a fairly standard clause in franchise agreements, designed to protect the franchisor's rights over the long term. Prospective Face Foundrie franchisees should be aware of this provision and understand that Face Foundrie's inaction on a particular issue does not necessarily mean they have waived their right to enforce that provision in the future, but the franchisee must also act within a one year time frame to make Face Foundrie aware of any breaches or violations of the agreement.