Does the Mr. Sandless franchisor have a duty to exercise its powers under the agreement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
24.11 Non-waiver
Our failure to insist upon strict compliance with any provision of this Agreement shall not be a waiver of our right to do so, any law, custom, usage or rule to the contrary notwithstanding. Delay or omission by us respecting any breach or default shall not affect our rights respecting any subsequent breaches or defaults. All rights and remedies granted in this Agreement shall be cumulative. Our election to exercise any remedy available by law or contract shall not be deemed a waiver or preclude exercise of any other remedy.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, Mr. Sandless's failure to insist upon strict compliance with any provision of the agreement does not constitute a waiver of their right to do so in the future. This applies regardless of any law, custom, usage, or rule to the contrary. Furthermore, any delay or omission on Mr. Sandless's part regarding any breach or default by the franchisee does not affect their rights concerning subsequent breaches or defaults.
This section of the Franchise Agreement emphasizes that all rights and remedies granted to Mr. Sandless are cumulative. This means that Mr. Sandless can pursue any combination of legal or contractual remedies available to them without one choice preventing them from using another.
For a prospective franchisee, this non-waiver clause is significant because it means Mr. Sandless retains all of its rights under the agreement, even if they don't strictly enforce every provision at all times. Franchisees should be aware that past leniency does not prevent Mr. Sandless from enforcing any term of the agreement in the future.