Must consent or waiver under the Fly To Fit franchise agreement be in writing?
Fly_To_Fit 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 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, any consent or waiver related to the franchise agreement must be in writing. Specifically, Article 18.5 states that no consent or waiver regarding conditions or obligations within the agreement is considered effective unless it is documented in writing and signed by the party providing the consent or waiver.
This requirement ensures that all agreements and modifications to the original contract are clearly documented and agreed upon by both Fly To Fit and the franchisee, preventing misunderstandings or disputes that could arise from verbal agreements. It also specifies that waiving a right once does not prevent the party from exercising that right in the future, and delays in exercising a right do not constitute a waiver of that right.
For a prospective Fly To Fit franchisee, this means that any deviations from the standard franchise agreement or any special permissions granted by Fly To Fit must be secured in writing to be enforceable. This protects both the franchisee and Fly To Fit by providing a clear record of any agreed-upon changes or waivers, which is a common practice in franchising to maintain clarity and avoid future disputes.