Does the Anago Guarantor waive rights to payments, indemnities, and claims for reimbursement or subrogation against the Subfranchisor?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
- f. any and all rights to payments, indemnities and claims for reimbursement or subrogation that You may have against UNIT FRANCHISEE arising from Your execution of and performance under this Guaranty;
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the Guarantor does waive rights to payments, indemnities, and claims for reimbursement or subrogation against the Unit Franchisee. Specifically, the Guarantor waives any and all rights to payments, indemnities, and claims for reimbursement or subrogation that they may have against the Unit Franchisee arising from their execution of and performance under the Guaranty. This waiver is part of the broader agreement where the Guarantor agrees to be personally bound by the terms of the Unit Franchise Agreement and any Anago Agreements.
This waiver means that if the Guarantor makes any payments or incurs any expenses on behalf of the Unit Franchisee under the Guaranty, they cannot seek reimbursement from the Unit Franchisee for those amounts. This could have significant financial implications for the Guarantor, as they are essentially giving up any recourse against the Unit Franchisee for any obligations they fulfill under the Guaranty. The Guarantor should fully understand the potential financial risks before signing the Guaranty.
It is important to note that this waiver applies specifically to claims against the Unit Franchisee. The document does not explicitly state whether the Guarantor also waives these rights against Anago itself (the Franchisor) or other related parties. A prospective franchisee should seek clarification from Anago regarding the full scope of this waiver and its potential impact on their rights and remedies.