Does the Anago Guarantor waive notice of demand for payment of any indebtedness by the Subfranchisor?

According to Anago's 2025 Franchise Disclosure Document, the Guarantor waives certain rights related to the obligations of the Unit Franchisee or Subfranchisor. Specifically, the Guarantor waives notice of demand for payment of any indebtedness or nonperformance by the Unit Franchisee or Subfranchisor. This means that Anago is not required to notify the Guarantor if the Unit Franchisee or Subfranchisor fails to pay or perform their obligations under the Anago Agreements.

This waiver is significant because it allows Anago to take action against the Guarantor without first providing notice of the default. The Guarantor also waives other rights, including acceptance and notice of acceptance of the guaranty, presentment or protest of any instrument and notice thereof, and any right to require that an action be brought against the Unit Franchisee or Subfranchisor before pursuing the Guarantor. These waivers are designed to protect Anago's interests and ensure that the Guarantor remains liable for the obligations of the Unit Franchisee or Subfranchisor.

The term "Obligations" is defined broadly to include the payment of all debts, liabilities, and obligations of the Unit Franchisee or Subfranchisor to Anago arising under the Anago Agreements, as well as all costs of collection, compromise, and enforcement, including reasonable attorneys' fees. The Guarantor also agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Unit Franchise Agreement or Franchise Agreement and any of the Anago Agreements, as if they were the Unit Franchisee or Subfranchisor.

Prospective Anago franchisees should carefully review the Guaranty and understand the implications of these waivers before signing. It is advisable to seek legal counsel to fully understand the extent of the Guarantor's obligations and the potential risks involved. The waivers are intended to provide Anago with maximum protection and flexibility in enforcing its rights under the Anago Agreements.