Under the Kitchen Solvers agreement, is a delay in enforcing a provision considered a waiver?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- D. Authority. Any modification, consent, approval, authorization or waiver granted hereunder required to be effective by signature will be valid only if in writing executed by you or, if on behalf of us, in writing executed by our President. You must neither create nor purport to create any obligation on behalf of us, nor agree to any other term, condition, or covenant that is inconsistent with any provision of this Agreement.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, any waiver granted by Kitchen Solvers must be in writing and executed by their President to be considered valid. This means that a delay in enforcing a provision would not automatically be considered a waiver unless it is formally documented and approved in writing by the President of Kitchen Solvers.
For a prospective Kitchen Solvers franchisee, this clause is significant because it clarifies the circumstances under which Kitchen Solvers can waive its rights regarding the franchise agreement. It protects both the franchisee and the franchisor by ensuring that any waivers are explicit and documented, preventing misunderstandings or disputes based on implied waivers. This requirement for written documentation provides a clear and reliable record of any agreed-upon deviations from the standard franchise agreement.
This provision is fairly standard in franchise agreements, as it aims to provide clarity and prevent ambiguity in the enforcement of the agreement's terms. Franchisees should pay close attention to such clauses to understand their rights and obligations, and to ensure that any agreements or waivers are properly documented to avoid potential future conflicts with Kitchen Solvers.