Does the acceptance of partial payment by All Dogs Unleashed from the developer modify the Guaranty?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Guarantor agrees that: (i) Guarantor's direct and immediate liability under this Guaranty is joint and several; (ii) Guarantor will render any payment or performance required under the Agreement on demand if Developer fails or refuses punctually to do so; (iii) liability is not contingent or conditioned on Franchisor's pursuit of any remedies against Developer or any other person; and (iv) liability is not diminished, relieved or otherwise affected by any extension of time, credit or other indulgence that Franchisor may grant to Developer or to any other person, including 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 is continuing and irrevocable during the term of the ADA.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, the acceptance of partial payment by All Dogs Unleashed from the developer does not modify the Guaranty. The Guarantor's liability remains unaffected by any extension of time, credit, or other leniency that All Dogs Unleashed may grant to the developer or any other person. This includes the acceptance of partial payments or performance.
Specifically, the franchise agreement states that none of these actions will modify or amend the Guaranty, which remains continuous and irrevocable during the term of the agreement. The Guarantor is still responsible for fulfilling the obligations outlined in the agreement, even if All Dogs Unleashed provides some flexibility to the developer.
This clause protects All Dogs Unleashed by ensuring that the Guarantor's obligations are not diminished if they make concessions to the developer. For a prospective franchisee, this means that the Guarantor cannot use All Dogs Unleashed's acceptance of partial payments as a reason to avoid their obligations under the Guaranty.