Does Mr. Sandless have a duty to exercise the powers conferred on it under the agreement?

Based on the 2025 Mr. Sandless Franchise Disclosure Document, Mr. Sandless's failure to insist on strict compliance with any provision of the agreement does not constitute a waiver of their right to do so. This applies regardless of any law, custom, usage, or rule. A delay or omission by Mr. Sandless regarding any breach or default does not impact their rights concerning subsequent breaches or defaults.

All rights and remedies granted in the agreement are cumulative, meaning Mr. Sandless can pursue multiple avenues of resolution simultaneously. If Mr. Sandless chooses to exercise a remedy available by law or contract, it does not waive or preclude them from using any other remedy.

In essence, Mr. Sandless retains the right to enforce all aspects of the franchise agreement at any time, and their decisions regarding enforcement in one instance do not limit their ability to enforce the agreement differently in other situations. This provides Mr. Sandless with considerable flexibility in managing franchise compliance and addressing potential issues that may arise during the franchise term.

This type of non-waiver clause is standard in franchise agreements to protect the franchisor's rights and ensure consistent application of the franchise terms. Prospective franchisees should understand that Mr. Sandless's leniency in one situation does not guarantee the same approach in future instances.