Under what conditions can Healthsource Chiropractic waive a provision of the franchise agreement?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
You also acknowledge and agree that, should we choose to withhold performance rather than terminate this Agreement, HealthSource Chiropractic's failure to exercise its right to terminate this Agreement will in no way constitute a waiver of its subsequent right to terminate this Agreement for the specified default or for any other default or to exercise any other remedies available to us under this Agreement, at law, or in equity.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic FDD, Healthsource Chiropractic's failure to exercise its right to terminate the Franchise Agreement will not constitute a waiver of its subsequent right to terminate the agreement for the specified default or any other default. This also applies to exercising any other remedies available to them under the agreement, at law, or in equity.
In essence, even if Healthsource Chiropractic chooses not to enforce a specific provision of the Franchise Agreement at one point in time, they retain the right to enforce that provision later on if the franchisee defaults again or violates any other terms of the agreement. This protects Healthsource Chiropractic's interests and ensures that franchisees cannot assume that non-enforcement in one instance means the provision is permanently waived.
This type of clause is common in franchise agreements to protect the franchisor's rights. It means that Healthsource Chiropractic can show flexibility in certain situations without giving up their ability to enforce the entire agreement in the future. Prospective franchisees should understand that Healthsource Chiropractic's decisions not to enforce a rule one time does not mean they waive the right to enforce it later.