Under what conditions is a waiver or modification of the Healthsource Chiropractic agreement effective?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
greatest extent possible. You agree to be bound by the modification to the greatest extent lawfully permitted.
- c. If a state regulator requires an amendment to this Agreement, the amendment is attached to this Agreement. We will not, however, be precluded from contesting the validity, enforceability, or applicability of such regulator's required amendment in any action relating to this Agreement or to its rescission or termination.
- 17.2 Unilateral Waiver of Obligations. Either you or we may, by written notice, unilaterally waive or reduce any obligation or restriction of the other under this Agreement. The waiver or reduction may be revoked at any time for any reason on 10 days' written notice.
- 17.3 Written Consents from HealthSource Chiropractic. Whenever this Agreement requires our advance approval or consent, you agree to make a timely written request for it. Our approval or consent will not be valid unless it is in writing.
- 17.4 Lien. To secure your performance under this Agreement and indebtedness for all sums due us or our affiliates, we shall have a lien upon, and you hereby grant us a security interest in, the following collateral and any and all additions, accessions, and substitutions to or for it and the proceeds from all of the same: (a) all inventory now owned or after-acquired by the Franchise, including but not limited to all inventory and supplies transferred to or acquired by you in connection with this Agreement;
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Disclosure Document, there are specific conditions under which a waiver or modification of the franchise agreement is considered effective. Either Healthsource Chiropractic or the franchisee can unilaterally waive or reduce any obligation or restriction of the other party by providing written notice. However, this waiver or reduction can be revoked at any time, for any reason, with just 10 days' written notice. This means that any temporary relief or change to the agreement can be reversed relatively quickly, so franchisees should be aware of this potential instability.
Additionally, any approval or consent required from Healthsource Chiropractic under the agreement must be requested in writing by the franchisee. For such approval or consent to be valid, Healthsource Chiropractic must also provide it in writing. This requirement ensures that there is a clear record of any agreements or permissions granted, protecting both parties from misunderstandings or disputes.
Furthermore, if any provision of the agreement is deemed unenforceable due to its scope or terms, it will be modified or limited to the extent necessary to make it valid and enforceable, while still aligning with the original intent of both parties. Similarly, if a state regulator requires an amendment to the agreement, that amendment will be attached to the agreement, although Healthsource Chiropractic retains the right to contest the validity of the required amendment. These clauses ensure that the agreement remains compliant with applicable laws and regulations, while also preserving the franchisor's ability to challenge regulatory requirements.