Does Kitchen Solvers waiving a breach in performance constitute a waiver for future breaches?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.5.1 The following will not constitute a waiver of the provisions of this Agreement with respect to any subsequent breach or a waiver by us of our right at any time to require exact and strict compliance with the provisions of this Agreement or of the franchise agreements:
- (a) Waiver by us of any breach or series of breaches or defaults in your performance,
- (b) Our failure, refusal or neglect to exercise any right, power or option given to us under this Agreement or under any franchise agreement between us and you, or
- (c) Our failure, refusal or neglect to insist upon strict compliance with or performance of your obligations under this Agreement or any other franchise agreement between you and us.
This applies to this Agreement and to any franchise agreement between the parties whether entered into before, after or contemporaneously with the execution of this Agreement and whether or not related to the Businesses.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, a waiver of a breach in performance does not constitute a waiver of future breaches. Specifically, the FDD states that Kitchen Solvers' waiver of a breach or series of breaches by the franchisee does not prevent Kitchen Solvers from requiring strict compliance with the Franchise Agreement in the future. This protects Kitchen Solvers' right to enforce the agreement's provisions, even if they have previously overlooked a franchisee's failure to comply.
This provision is common in franchise agreements, as it allows the franchisor some flexibility in dealing with franchisees without permanently giving up their right to enforce the agreement. For a prospective Kitchen Solvers franchisee, this means that even if Kitchen Solvers does not immediately enforce every term of the agreement, they still retain the right to do so later. Franchisees should not assume that past leniency will continue indefinitely.
This clause applies not only to the specific agreement but also to any other franchise agreement between Kitchen Solvers and the franchisee, regardless of when it was signed. This ensures consistency in the relationship between the parties. The FDD also states that failure or neglect by Kitchen Solvers to exercise any right or insist on strict compliance does not constitute a waiver.