factual

Under the Zoomin Groomin agreement, does a waiver of one breach constitute a waiver of other breaches?

Zoomin_Groomin Franchise · 2025 FDD

Answer from 2025 FDD Document

No waiver by any party of any provision or breach of this Agreement shall be deemed a waiver of any other provision or breach of this Agreement.

Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)

What This Means (2025 FDD)

According to the 2025 Zoomin Groomin FDD, a waiver of one breach of the agreement does not constitute a waiver of any other provision or breach of the agreement. This means that even if Zoomin Groomin or the franchisee overlooks or chooses not to enforce a specific term or instance of non-compliance, it does not forfeit their right to enforce all other terms, or to act upon future breaches of any term, including the one previously waived.

This clause protects Zoomin Groomin's ability to address any future violations of the franchise agreement, even if they have previously been lenient. For a franchisee, this means they cannot assume that leniency regarding one infraction will extend to others. Franchisees must consistently adhere to all terms and conditions outlined in the agreement.

This type of "non-waiver" clause is standard in franchise agreements. It ensures that the franchisor retains its rights to enforce the agreement fully, maintaining consistency and protecting the brand standards across all franchise locations. Franchisees should be aware of this provision and understand that past actions or inactions by Zoomin Groomin do not set a precedent for future enforcement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.