Under the Anago Guaranty, is the guarantor entitled to notice of any extensions, modifications, or amendments to the Unit Franchise Agreement or other Anago Agreements?
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;
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, a guarantor is not entitled to notice of any extensions, modifications, or amendments to the Unit Franchise Agreement or other Anago Agreements. The guarantor explicitly waives their right to receive such notices. This waiver is part of the guarantor's agreement to ensure the franchisee's obligations are met.
This means that as a guarantor, you will be bound by any changes to the Unit Franchise Agreement or other Anago Agreements, even if you are not informed of these changes beforehand. This could potentially increase your liability without your prior knowledge. It is crucial to understand the full scope of the Unit Franchise Agreement and other Anago Agreements, as well as the potential for future modifications, before agreeing to act as a guarantor.
This waiver is a significant aspect of the Guaranty. Prospective guarantors should carefully consider the implications and seek legal counsel to fully understand their obligations and potential risks. It is also important to maintain open communication with the franchisee to stay informed about any changes that may occur during the term of the agreement, even though Anago is not obligated to provide direct notice.