Does the All County Guaranty require the Guarantor to consent and agree to certain terms?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
Attached to this disclosure document in Exhibit A is our Franchise Agreement. Each of your owners, at any time during the term of the Franchise Agreement, will execute an agreement in the form that we prescribe (see Appendix C to the Franchise Agreement) undertaking to be bound jointly and severally by all provisions of the Franchise Agreement and any ancillary agreements between you and us that bind you.
- 3.3. such liability will not be contingent or conditioned upon our pursuit of any remedies against Franchisee or any other person; and
- 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.
- 3.5. This Guaranty shall be binding on each Guarantor and his respective successors and assigns, and shall inure to our benefit and the benefit our successors and assigns. The Guarantor may not assign his obligations hereunder without our prior written consent.
- WAIVERS. Each Guarantor waives all rights to payments and claims for reimbursement or subrogation which any of the Guarantor may have against Franchisee arising as a result of the Guarantor's execution of and performance under this Guaranty.
IN WITNESS WHEREOF, each of the undersigned Guarantors has affixed his signature on the same day and year as the Agreement was executed.
GUARANTOR(S)
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 All County Franchise Disclosure Document, each owner of an All County franchise, at any time during the term of the Franchise Agreement, will execute an agreement in the form that All County prescribes. This agreement, outlined in Appendix C of the Franchise Agreement, ensures that the owners are jointly and severally bound by all provisions of the Franchise Agreement and any related agreements between the franchisee and All County. This means that each owner is individually responsible for the entire obligation, as well as collectively responsible.
The Guaranty includes several specific terms to which the Guarantor must consent. The Guarantor's liability is not contingent upon All County pursuing remedies against the franchisee or any other person. The Guarantor's liability will also not be affected by any extensions of time, credit, or other allowances that All County may grant to the franchisee. The Guaranty is binding on each Guarantor and their successors and assigns, and it benefits All County and its successors and assigns. The Guarantor cannot assign their obligations without All County's prior written consent.
The Guarantor also waives all rights to payments and claims for reimbursement or subrogation against the franchisee arising from the Guarantor's execution and performance under the Guaranty. This waiver means the Guarantor cannot seek compensation from the franchisee for any payments made under the Guaranty. By signing the Guaranty, the Guarantor acknowledges and agrees to these terms, indicating their consent to be bound by them. The document includes a space for the Guarantor's signature, affirming their agreement to the terms outlined in the Guaranty.