Does a delay or omission by Spray Net affect its rights regarding subsequent breaches?

According to Spray Net's 2025 Franchise Disclosure Document, a delay or omission by Spray Net regarding any breach or default by the franchisee does not impact Spray Net's rights concerning any subsequent breaches or defaults. This means that even if Spray Net overlooks or delays acting on a franchisee's initial violation of the franchise agreement, Spray Net still retains all its rights to address any future violations.

This clause protects Spray Net's ability to enforce the franchise agreement consistently over time. It prevents a franchisee from arguing that Spray Net's previous inaction constitutes a waiver of its right to enforce the agreement in the future. For a prospective Spray Net franchisee, this highlights the importance of consistently adhering to the terms of the franchise agreement, as past oversights by Spray Net do not excuse future non-compliance.

Furthermore, the FDD states that all rights and remedies granted in the Guaranty shall be cumulative, and the election to exercise any remedy available by law or contract shall not be deemed a waiver or preclude exercise of any other remedy. This reinforces Spray Net's comprehensive ability to pursue multiple avenues of recourse in the event of a breach, without being limited by previous actions or inactions. This provision ensures that Spray Net maintains maximum flexibility in addressing franchisee non-compliance and protecting its brand standards and business interests.