Under the Fly To Fit franchise agreement, how must consent or waiver be provided to be effective?

According to Fly To Fit's 2024 Franchise Disclosure Document, any consent or waiver under the franchise agreement must be in writing and signed by the party granting the consent or waiver to be considered effective. This requirement ensures that all agreements and dispensations are formally documented and acknowledged by the relevant parties, providing clarity and legal certainty.

This provision protects both Fly To Fit and the franchisee by preventing misunderstandings or disputes over verbal agreements or implied consent. By requiring written documentation, the terms of any consent or waiver are clearly defined, reducing the potential for ambiguity. This is a standard practice in franchising to maintain a clear record of all agreements and modifications to the franchise agreement.

The clause also specifies that a waiver of any right does not affect the party's rights regarding any subsequent exercise of that right or any other right. Additionally, any delay, forbearance, or omission by a party to exercise any right does not constitute a waiver of such right. This means that Fly To Fit's or the franchisee's failure to immediately enforce a right does not mean they forfeit that right in the future. This protects each party's ability to enforce their rights under the agreement at a later time, even if they have not done so consistently in the past.