Under the Anago Assignment agreement, what is required to change, modify, amend, or add to the agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
This Guaranty will continue in full force and effect for and as to any extension of or modification or amendment to the Unit Franchise Agreement and/or any other of the Anago Agreements and You waive notice of any and all such extensions, modifications or amendments;
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Your liability hereunder will not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence, or any waiver that SUBFRANCHISOR may from time to time grant to UNIT FRANCHISEE or to any other person, including without limitation, the acceptance of any partial payment or performance, or the compromise or release of any claims (including the release of other owners or guarantors), or the taking of any action by SUBFRANCHISOR which may have the effect of increasing Your obligations, none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during the Term of the Unit Franchise Agreement and so long as any performance is or may be owed under any of the Anago Agreements by UNIT FRANCHISEE or its owners and so long as SUBFRANCHISOR may have any cause of action against UNIT FRANCHISEE or its owners; and
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, any extension, modification, or amendment to the Unit Franchise Agreement or any other Anago Agreements will continue the Guaranty in full force. The franchisee waives any notice of such changes.
Furthermore, the franchisee's liability will not be affected by any extensions of time, credit, waivers granted to the Unit Franchisee, acceptance of partial payments, compromise or release of claims, or actions that may increase obligations. These actions will not modify or amend the Guaranty, which remains continuous and irrevocable during the Unit Franchise Agreement's term. This applies as long as any performance is owed under any Anago Agreements by the Unit Franchisee or its owners, and as long as the Subfranchisor may have any cause of action against them.
In essence, this section emphasizes the enduring nature of the Guaranty, ensuring that any changes to the underlying agreements do not diminish the guarantor's obligations. This protects Anago and the Subfranchisor in case of modifications to the franchise agreement or related documents.