What rights does the guarantor waive against the All County franchisee by executing the Guaranty?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, a guarantor waives specific rights against the franchisee by signing the Guaranty. Specifically, the guarantor gives up all rights to payments and claims for reimbursement or subrogation that they may have against the All County franchisee. These rights arise from the guarantor's execution of and performance under the Guaranty.
In simpler terms, if the guarantor has to pay All County on behalf of the franchisee due to the franchisee's default, the guarantor cannot then seek reimbursement from the franchisee for those payments. This waiver is a significant commitment, as it prevents the guarantor from recovering any funds they pay out under the Guaranty from the franchisee, even if the franchisee is ultimately able to pay.
This provision protects All County by ensuring that the guarantor remains fully liable without the possibility of recourse against the franchisee, which could complicate or delay All County's recovery of funds. Prospective guarantors should carefully consider this waiver and understand its implications before signing the Guaranty, as it represents a substantial relinquishment of their rights against the franchisee.