Can Precision Door Service waive a breach of the franchise agreement by a 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.
Subject to our rights to modify the Operations Manual and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 22 — Contracts (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Precision Door Service Franchise Disclosure Document, Precision Door Service's failure to enforce any provision of the Franchise Agreement or a franchisee's breach does not constitute a waiver of any other subsequent breach. This means that even if Precision Door Service overlooks a franchisee's violation of the agreement, it does not forfeit its right to enforce the agreement for that specific breach or any future breaches.
This clause protects Precision Door Service's right to enforce the franchise agreement terms consistently. It prevents a franchisee from claiming that Precision Door Service's previous leniency or failure to act on a violation prevents them from enforcing the agreement later.
Furthermore, the franchise agreement can only be altered or waived through a written agreement signed by both Precision Door Service and the franchisee. This requirement for written modification ensures that any changes to the agreement are documented and agreed upon by both parties, preventing misunderstandings or disputes over alleged verbal agreements or implied waivers. This is a common practice in franchising to maintain clarity and enforceability of the contract.
This section of the Franchise Agreement emphasizes the importance of adhering to the contract's provisions and the formal process required for any modifications or waivers. Prospective franchisees should understand that Precision Door Service's inaction on a specific breach does not excuse future compliance, and any desired changes to the agreement must be formalized in writing.