Under the Anago Guaranty, to what jurisdiction does the guarantor irrevocably submit?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
guarantors), or the taking of any action by FRANCHISOR 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 Franchise Agreement and so long as any performance is or may be owed under any of the Anago Agreements by SUBFRANCHISOR or its owners and so long as FRANCHISOR may have any cause of action against SUBFRANCHISOR or its owners; and
j. Any and all present and future debts and obligations of the SUBFRANCHISOR to you or any other GUARANTORS are hereby subordinated to the full payment and performance of the Obligations.
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- Choice of Law; Jurisdiction and Venue; Arbitration. This Guaranty, and any claims related thereto, shall be governed by and construed in accordance with the laws of the State of Florida. You hereby irrevocably submit to the jurisdiction of the state or federal court which is closest to FRANCHISOR's then current principal place of business (currently Pompano Beach, Florida) in any action or proceeding arising out of or relating, directly or indirectly, to the Guaranty. You hereby irrevocably waive, to the fullest extent you may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding and any right to jurisdiction on account of your place of residence or domicile. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. You further acknowledge and accept as your own the obligation to submit all disputes arising under the Anago Agreements to arbitration in accordance with Section 13.1 of the Franchise Agreement, which provisions are adopted herein as though copied in their entirety.
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- Waiver of Right to Jury Trial.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the guarantor irrevocably submits to the jurisdiction of a specific court depending on the agreement. For subfranchisors, the guarantor submits to the state or federal court closest to Anago's principal place of business, which is currently in Pompano Beach, Florida.
However, for unit franchisees, the guarantor submits to the jurisdiction of the applicable court in their state, specifically in and for Xxxx County, State, and any appellate court thereof. This means that the location of the court with jurisdiction over disputes arising from the guaranty depends on whether the guarantor is guaranteeing the obligations of a subfranchisor or a unit franchisee.
In both cases, the guarantor also waives any defense of inconvenient forum and any right to jurisdiction based on their place of residence or domicile. A final judgment in any action or proceeding will be conclusive and may be enforced in other jurisdictions. Additionally, disputes arising under the Anago Agreements are subject to arbitration as outlined in the Franchise Agreement.