What is the subject of Article 22 in the Hyper Kidz Franchise Agreement?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
ARTICLE 22: MISCELLANEOUS
22.1 Waiver of Obligations
- 22.1.1 We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement. Such waiver shall be effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires our prior approval or consent, you shall make a timely written request therefor and such approval shall be obtained in writing.
- 22.1.2 We make no warranties or guarantees upon which you may rely and assume no liability or obligation to you by granting any waiver, approval, or consent to you or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by us shall be without prejudice to any other rights we may have, will be subject to continuing review by us and may be revoked in our sole discretion at any time and for any reason effective upon delivery to you of ten (10) days' prior written notice.
- 22.1.3 We and you shall not be deemed to have waived or impaired any right, power, or option reserved by this Agreement including, without limitation, the right to demand exact compliance with every term, condition, and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its term by virtue of any (a) custom or practice of the parties at variance with the terms hereof; (b) any failure, refusal, or neglect of us or you to exercise any right under
this Agreement or to insist upon exact compliance by the other with its obligations hereunder including, without limitation, any mandatory specification, standard or operating procedure; (c) any waiver, forbearance, delay, failure, or omission by us to exercise any right, power, or option, whether of the same, similar or different nature, with respect to any other Hyper Kidz Business or any franchise agreement or multi-unit development agreement therefor; or (d) our acceptance of any payments from you after any breach by you of this Agreement.
22.2 Force Majeure
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, Article 22 of the franchise agreement pertains to miscellaneous provisions. Specifically, Section 22.1 addresses the waiver of obligations, outlining the circumstances under which Hyper Kidz or the franchisee may waive or reduce obligations or restrictions. It clarifies that waivers must be in writing and that Hyper Kidz makes no guarantees or assumes liability by granting waivers. Hyper Kidz retains the right to revoke any waiver with ten days' prior written notice.
Section 22.1 also states that neither party waives rights by not enforcing terms, even if there's a custom or practice at variance with the agreement. This includes the acceptance of payments after a breach.
Section 22.2 further addresses 'Force Majeure,' which generally excuses a party from fulfilling its obligations due to circumstances beyond its control. These miscellaneous provisions are standard in franchise agreements to address various legal and practical considerations that may arise during the franchise term.