factual

Is the Anago Guarantor's liability joint and several with the Subfranchisor and each other Guarantor?

Anago Franchise · 2025 FDD

Answer from 2025 FDD Document

Your direct and immediate liability under this Guaranty will be joint and several with UNIT FRANCHISEE and each other GUARANTOR of UNIT FRANCHISEE;

Source: Item 23 — RECEIPTS (FDD pages 62–298)

What This Means (2025 FDD)

According to Anago's 2025 Franchise Disclosure Document, the Guarantor's liability is joint and several. Specifically, if you are a guarantor for an Anago Unit Franchisee, your liability under the Guaranty is direct, immediate, joint, and several with the Unit Franchisee and each other Guarantor of the Unit Franchisee.

In practical terms, this means that Anago can pursue any one or all of the guarantors to fulfill the obligations of the Unit Franchisee. Anago is not required to pursue the Unit Franchisee first. If one guarantor pays more than their share, they may have to seek contribution from the other guarantors. This arrangement benefits Anago by providing multiple avenues for recourse in case of default.

This type of clause is common in franchising, as it provides additional security for the franchisor. Prospective Anago franchisees acting as guarantors should fully understand the implications of joint and several liability, including the potential for being held responsible for the entire debt, even if other guarantors exist. It is advisable to seek legal counsel to review the guaranty agreement and understand the full extent of the obligations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.