Can Anago forgive or waive claims against the advertising fund?

According to Anago's 2025 Franchise Disclosure Document, Section 18.23 addresses limitations of claims. It states that all claims, except for monies due to Anago under the agreement, are barred unless an action is filed within 12 months from when the franchisee knew or should have known of the facts creating the claim. This limitation is subject to applicable laws that may provide for a shorter period to bring a claim.

This clause does not explicitly address Anago's ability to waive claims against the advertising fund. However, it implies that Anago has the right to pursue monies due to them under the franchise agreement, which could include advertising fund contributions. The clause also suggests that franchisees have a limited time frame to bring claims against Anago, which could indirectly affect disputes related to the advertising fund.

In practical terms, this means that if an Anago franchisee believes they have a claim related to the advertising fund, they must act quickly to investigate and potentially file a claim within the specified 12-month period. Failure to do so could result in the claim being barred. Conversely, Anago retains the right to pursue outstanding payments, including advertising contributions, subject to the terms of the agreement.

Prospective franchisees should seek clarification from Anago regarding specific circumstances under which claims related to the advertising fund might be waived or settled. It would be prudent to consult with a legal professional to fully understand the implications of this clause and how it might affect their rights and obligations as a franchisee.