Does Healthsource Chiropractic reserve rights not expressly granted to the Developer in the agreement?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
- 17.7 Cumulative Remedies. The rights and remedies specifically granted to either you or us by this Agreement will not be deemed to prohibit either you or us from exercising any other right or remedy provided under this Agreement or permitted by law or equity.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Disclosure Document, Healthsource Chiropractic retains specific rights and powers, even if they are not explicitly detailed in the franchise agreement. Section 17.6 clarifies that if Healthsource Chiropractic does not exercise a right or power or does not insist on strict compliance with the agreement terms at one point, it does not waive its right to demand exact compliance later. This means Healthsource Chiropractic can enforce any term of the agreement in the future, even if they have been lenient in the past.
Section 17.7 further states that the rights and remedies granted to either the franchisee or Healthsource Chiropractic in the agreement do not prevent either party from using any other right or remedy available under the agreement, law, or equity. This ensures that Healthsource Chiropractic can pursue any legal or equitable remedy, in addition to the rights specifically listed in the agreement.
These clauses are typical in franchise agreements, allowing the franchisor flexibility in enforcing the agreement and protecting their brand standards and system. However, for a prospective Healthsource Chiropractic franchisee, this means they must be prepared to adhere strictly to all terms of the agreement, as Healthsource Chiropractic retains the right to enforce them at any time. It also means that Healthsource Chiropractic has multiple avenues for recourse if the franchisee violates the agreement, which could include legal action or other remedies not explicitly mentioned in the contract.