Are Anago and the Subfranchisor bound by any applicable contractual or statutory limitations provision?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
e. the defense of the statute of limitations in any action hereunder or for the collection or performance of any Obligation;
NO PARTY SHALL INITIATE OR PARTICIPATE IN ANY CLASS ACTION LITIGATION CLAIM AGAINST ANY OTHER PARTY BOUND HEREBY.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the guarantor, in this case the subfranchisee, waives the defense of the statute of limitations in any action for the collection or performance of any obligation. This means that the subfranchisee is giving up their right to argue that a claim is too old to be pursued in court. This waiver applies to any action related to the Anago Agreements.
Additionally, no party can initiate or participate in any class action litigation claim against any other party bound by the agreement. This prevents franchisees from joining together to sue Anago as a group. This is a common clause in franchise agreements, as it limits the franchisor's exposure to large-scale lawsuits.
These waivers and limitations are designed to protect Anago and streamline dispute resolution. Prospective subfranchisees should carefully consider the implications of these provisions and consult with an attorney to understand their rights and obligations under the agreement.