What notices are waived by the guarantor under the All Team Funding Agreement?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
We hereby waive all presentments, demands, notices of nonperformance, protests, notices of acceptance of our guarantee or USER's incurring of new or additional indebtedness, and any other formality that might otherwise be a condition to our absolute liability hereunder. This is a guarantee of payment and not of collection. We also waive any right to consent to or be notified of any indulgence, extension, waiver or other concession that may be granted USER and agree that any such action shall not affect our liability hereunder.
Source: Item 23 — RECEIPT (FDD pages 34–161)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the guarantor waives several notices related to the Funding Agreement. Specifically, the guarantor waives all presentments, demands, notices of nonperformance, protests, and notices of acceptance of the guarantee or the user incurring new or additional indebtedness. They also waive any other formality that might otherwise be a condition to their absolute liability under the agreement.
This waiver means that All Team is not required to formally notify the guarantor of certain events or actions related to the Funding Agreement. For example, All Team doesn't have to inform the guarantor if the franchisee (USER) fails to meet their obligations, protests a payment, or takes on more debt. The guarantor is essentially agreeing to be liable without needing to receive these standard notices.
Additionally, the guarantor waives any right to consent to or be notified of any indulgence, extension, waiver, or other concession that may be granted to the franchisee. This means that if All Team provides the franchisee with some leniency, such as extending a payment deadline, the guarantor will not be informed or asked for their consent, and such actions will not affect the guarantor's liability. This is a significant point, as it limits the guarantor's ability to object to changes in the agreement between All Team and the franchisee.
This comprehensive waiver is a critical aspect of the guarantee, ensuring that the guarantor's liability remains in effect regardless of various changes or concessions made regarding the Funding Agreement. Prospective guarantors should carefully consider these waivers and understand the full extent of their obligations, as they are giving up rights to certain notifications and consents that could otherwise protect their interests.