Does the Healthsource Chiropractic amendment specify any conditions under which the Development Agreement can be waived by the franchisee?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.5 No Guarantees. If in connection with this Agreement we provide to you any waiver, approval, consent, or suggestion, or if we neglect or delay our response or deny any request for any of those, then we will not be deemed to have made any warranties or guarantees and will not assume any liability or obligation to you as a result.
- 17.6 No Waiver. If at any time we do not exercise a right or power available to us under this Agreement or do not insist on your strict compliance with the terms of the Agreement, or if there develops a custom or practice that is at variance with the terms of this Agreement, then we will not be deemed to have waived our right to demand exact compliance with any of the terms of this Agreement at a later time. Similarly, our waiver of any particular breach or series of breaches under this Agreement, or of any similar term in any other agreement between us and any other HealthSource Chiropractic franchisee will not affect our rights with respect to any later breach. It will also not be deemed to be a waiver of any breach of this Agreement for us to accept payments that are due to us under this Agreement.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
The 2025 Healthsource Chiropractic Franchise Disclosure Document does not specify any conditions under which the Development Agreement can be waived by the franchisee. However, section 17.6 addresses the concept of waivers generally, stating that if Healthsource Chiropractic does not exercise a right or power available to them under the agreement, or does not insist on strict compliance with the terms of the agreement, it will not be deemed to have waived their right to demand exact compliance at a later time.
Additionally, the document states in section 17.5 that if Healthsource Chiropractic provides any waiver, approval, consent, or suggestion, or if they neglect or delay their response or deny any request for any of those, then they will not be deemed to have made any warranties or guarantees and will not assume any liability or obligation to the franchisee as a result.
Prospective franchisees should seek clarification from Healthsource Chiropractic regarding specific circumstances under which a Development Agreement might be waived or modified. Understanding the franchisor's flexibility and willingness to adapt to individual franchisee situations is crucial for a successful partnership.