What happens if Precision Door Service waives a breach of the agreement by the franchisee?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed a bar or an estoppel to enforce our rights with respect to that or any other or subsequent breach.
Source: Item 22 — Contracts (FDD pages 91–92)
What This Means (2025 FDD)
According to Precision Door Service's 2025 Franchise Disclosure Document, if Precision Door Service waives a breach of the Franchise Agreement by the franchisee, or delays or fails to enforce any provision of the agreement, this does not constitute a waiver of any other subsequent breach. Nor does it prevent Precision Door Service from enforcing its rights regarding that breach or any other later breach.
This means that even if Precision Door Service overlooks a franchisee's violation of the agreement once, they still retain the right to enforce the agreement for that specific violation at a later time, as well as for any other violations that may occur. This clause protects Precision Door Service's ability to maintain standards and compliance across all franchise locations.
This type of clause is common in franchise agreements, as it allows the franchisor some flexibility in dealing with minor infractions without giving up their right to enforce the agreement fully. Prospective franchisees should understand that even if a particular violation is initially overlooked, it does not set a precedent for future breaches.