Is the Anago Guarantor's liability an absolute, unconditional, continuing, and unlimited obligation?

According to Anago's 2025 Franchise Disclosure Document, the guarantor's liability is indeed construed as an absolute, unconditional, continuing, and unlimited obligation. This means that the guarantor's responsibility to fulfill the obligations under the franchise agreement is comprehensive and without limitations. This obligation remains in effect regardless of the regularity, validity, or enforceability of the obligations themselves. Even if any obligation is limited, modified, voided, released, or discharged due to bankruptcy or similar laws, the guarantor's liability persists.

This aspect of the guaranty is significant for potential Anago franchisees because it places a substantial responsibility on the guarantor. The guarantor cannot avoid liability based on the actions or inactions of Anago in pursuing remedies against the subfranchisee or any other person. The guarantor's liability is not contingent upon Anago first attempting to recover from the subfranchisee. Furthermore, the guaranty remains in effect even if the franchise agreement is extended, modified, or amended, and the guarantor waives any notice of such changes.

Moreover, the guarantor's liability is not diminished by any extensions of time, credit, or waivers that Anago may grant to the subfranchisee. This includes acceptance of partial payments, compromise of claims, or release of other guarantors. The guaranty remains continuing and irrevocable during the term of the franchise agreement and as long as any performance is or may be owed under the Anago Agreements by the subfranchisee or its owners, and as long as Anago may have any cause of action against the subfranchisee or its owners. This comprehensive set of conditions underscores the seriousness of the guarantor's commitment and the potential financial risks involved.