What notices does the undersigned waive under the 7 Brew Owner's Undertaking?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the undersigned waives: (i) all rights to payments and claims for reimbursement or subrogation which the undersigned may have against Franchisee arising as a result of the undersigned's execution of and performance under this Undertaking, for the express purpose that none of the undersigned will be deemed a "creditor" of Franchisee under any applicable bankruptcy law with respect to Franchisee's obligations to Franchisor; (ii) acceptance and notice of acceptance by Franchisor of his or her undertakings under this Undertaking, notice of nonperformance of any obligations hereby assumed, protest and notice of default to any party with respect to the nonperformance of any obligations hereby assumed, and any other notices and legal or equitable defenses to which he or she may be entitled; and (iii) all rights to assert or plead any
Source: Item 22 — CONTRACTS (FDD pages 82–83)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, the undersigned, in the Owner's Undertaking, waives specific rights and notices related to their obligations. This waiver is part of an agreement where the owner guarantees the franchisee's non-monetary obligations to 7 Brew.
Specifically, the undersigned waives acceptance and notice of acceptance by 7 Brew of their undertakings, notice of nonperformance of any assumed obligations, protest and notice of default to any party regarding nonperformance, and any other legal or equitable defenses they might be entitled to. This means the owner cannot claim they were unaware of their responsibilities or any failures in fulfilling them.
This waiver is significant because it strengthens 7 Brew's position by limiting the defenses the owner can use if the franchisee fails to meet its non-monetary obligations. The owner is essentially agreeing to be fully responsible without needing further notification or proof of acceptance from 7 Brew. This is a common practice in franchising to ensure that guarantors are fully committed and cannot easily avoid their obligations.