Does Pearce Bespoke's failure to exercise its right of first refusal waive other provisions of the Pearce Bespoke agreement?

According to the 2025 Pearce Bespoke Franchise Disclosure Document, Pearce Bespoke's failure or refusal to exercise its right of first refusal does not constitute a waiver of any other provision of the agreement. This means that even if Pearce Bespoke chooses not to exercise its right to purchase a franchisee's interest when the franchisee receives an offer from a third party, all other terms and conditions of the franchise agreement remain in full effect.

This provision protects Pearce Bespoke by ensuring that its decision not to exercise its right of first refusal in one instance does not weaken its ability to enforce other parts of the franchise agreement. For a franchisee, this means they must continue to adhere to all other obligations outlined in the agreement, regardless of whether Pearce Bespoke has declined to exercise its right of first refusal in a specific situation.

For example, even if Pearce Bespoke does not buy back the franchise when a franchisee gets an offer from someone else, the franchisee still needs to follow all the rules about using confidential information, maintaining brand standards, and paying royalties. This clause makes it clear that Pearce Bespoke's choice on the right of first refusal doesn't change any other part of the agreement.