factual

If Learningrx waives a breach of the franchise agreement, does that waive future breaches?

Learningrx Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. The waiver by Franchisor of any breach of any provision of this Agreement by Franchisee or Franchisee Affiliate shall not operate or be construed as a waiver of any subsequent breach thereof.

Source: Item 23 — RECEIPT (FDD pages 54–209)

What This Means (2025 FDD)

According to Learningrx's 2025 Franchise Disclosure Document, the waiver of a breach in the franchise agreement does not constitute a waiver of any subsequent breaches. This means that even if Learningrx chooses not to enforce a specific provision of the agreement at one time, it does not forfeit its right to enforce that same provision, or any other provision, in the future.

For a prospective Learningrx franchisee, this clause is important because it clarifies that any leniency shown by Learningrx for a particular infraction does not set a precedent. Franchisees cannot assume that a past waiver will protect them from consequences if they repeat the same breach or commit a different one. This provision reinforces the importance of adhering to all terms of the franchise agreement consistently.

This type of clause is fairly standard in franchise agreements. It protects the franchisor's ability to maintain brand standards and enforce compliance across its franchise system. Franchisees should be aware of this and ensure they fully understand and comply with all aspects of the franchise agreement to avoid potential future disputes or penalties.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.