If Ifly waives a breach of a provision, does that waive future breaches of the same provision?
Ifly Franchise · 2024 FDDAnswer from 2024 FDD Document
The waiver of either party of a breach of any of the provisions of this Agreement by the other party must be in writing and signed by the waiving party, and shall not be construed as a waiver of any succeeding breach of the same or other provisions of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder, operate as a waiver of any such right, power or privilege.
Source: Item 23 — Receipts (FDD pages 57–174)
What This Means (2024 FDD)
According to Ifly's 2024 Franchise Disclosure Document, if Ifly waives a breach of any provision in the agreement, that waiver must be in writing and signed by Ifly. This waiver will not be interpreted as a waiver for any future breaches of the same provision, or any other provisions within the agreement.
This means that even if Ifly overlooks a specific violation once, they still retain the right to enforce that provision in the future. This protects Ifly's ability to maintain standards and compliance across all franchise locations. It also prevents franchisees from assuming that a past instance of leniency sets a precedent for future behavior.
This type of clause is standard in franchise agreements. It ensures that the franchisor can address breaches on a case-by-case basis without permanently relinquishing their right to enforce the agreement's terms. For a prospective Ifly franchisee, this underscores the importance of consistently adhering to all contractual obligations, as past waivers do not guarantee future acceptance of non-compliance.