Under what conditions can the Note related to Anago be amended or modified?
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, the Guaranty related to the Unit Franchise Agreement will remain in effect even if there are extensions, modifications, or amendments to the Unit Franchise Agreement or any other Anago Agreements. The guarantor waives any right to notice of such changes.
Furthermore, the guarantor's liability will not be affected by any extensions of time, credit, or waivers granted to the Unit Franchisee or any other person. This includes accepting partial payments, compromising claims, releasing other owners or guarantors, or any action that may increase the guarantor's obligations. None of these actions will modify or amend the Guaranty, which remains continuous and irrevocable during the term of the Unit Franchise Agreement.
The Guaranty remains in effect as long as any performance is or may be owed under any of the Anago Agreements by the Unit Franchisee or its owners, and as long as Anago may have any cause of action against the Unit Franchisee or its owners. This ensures that the obligations under the franchise agreement are continuously secured, regardless of any changes or waivers that may occur during the term.