factual

Is the All County Guaranty affected by All County's compromise or release of any claims?

All_County Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 3.4. such liability will not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence which we may from time to time grant to Franchisee or to any other person, including, without limitation, the acceptance of any partial payment or performance or the compromise or release of any claims, none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during the Term of the Agreement and thereafter.

Source: Item 22 — Contracts (FDD page 43)

What This Means (2025 FDD)

According to All County's 2025 Franchise Disclosure Document, the Guaranty is not affected by any compromise or release of claims. The terms of the guaranty state that the guarantor's liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence that All County may grant to the franchisee or any other person. This includes the acceptance of any partial payment or performance, or the compromise or release of any claims.

This means that even if All County makes concessions to the franchisee, such as accepting a reduced payment or releasing them from certain obligations, the guarantor's obligations remain unchanged. The guaranty remains continuing and irrevocable during the term of the agreement and thereafter. This protects All County by ensuring that the guarantor remains fully liable for the franchisee's obligations, regardless of any agreements or arrangements made between All County and the franchisee.

For a prospective All County franchisee, this highlights the importance of understanding the full extent of the guaranty and its implications. Anyone considering acting as a guarantor should be aware that their liability is not contingent on All County pursuing remedies against the franchisee first. They should also understand that their obligations will not be reduced or eliminated even if All County makes concessions to the franchisee. The guarantor should seek legal counsel to fully understand the risks and obligations associated with the guaranty before signing it.

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.