What specific notices are waived by the Guarantor under the Auntie Annes Guaranty?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
Consent to Jurisdiction.
Guarantor: (i) submits to personal jurisdiction in Georgia for the enforcement of this Guaranty; and (ii) waives all personal rights under the laws of Georgia or of any state to object to jurisdiction within Georgia for litigation related to this Guaranty, regardless of any present or future domicile of Guarantor, Franchisee, or Franchisor.
Notices.
Any notice under this Agreement must be in writing and is deemed delivered: (i) 1 business day after being sent by commercial courier service for next business day delivery; or (ii) 5 days after being deposited in the United States mail for certified or registered delivery, return receipt requested, postage prepaid.
Notice to Franchisor will be addressed to: Legal Department, Auntie Anne's Franchisor SPV LLC, 48-50 W.
Chestnut, Suite 200, Lancaster, PA 17603, with a copy to Auntie Anne's Franchisor SPV LLC, 5620 Glenridge Drive, NE, Atlanta, Georgia 30342.
Notice to Guarantor will be addressed to the address stated below his or her signature at the end of this Guaranty.
The addresses for notices may be changed at any time by either party by written notice given to the other party as provided in this Section.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
Based on the 2024 Auntie Annes Franchise Disclosure Document, the guarantor (or guarantors) of an Auntie Annes franchise agreement consent to personal jurisdiction in Georgia for the enforcement of the guaranty. This means the guarantor agrees to be sued in Georgia, regardless of their or the franchisee's location. They also waive their rights to object to jurisdiction within Georgia for any litigation related to the guaranty. This is irrespective of where the guarantor, franchisee, or Auntie Annes is currently or may in the future reside.
This section of the FDD also specifies how notices are to be delivered. Any notice under the Guaranty agreement must be in writing. It is considered delivered one business day after being sent by commercial courier service for next business day delivery, or five days after being deposited in the U.S. mail for certified or registered delivery, with postage prepaid and return receipt requested.
The FDD specifies where notices should be addressed. Notices to Auntie Annes should be sent to the Legal Department in Lancaster, PA, with a copy to the Atlanta, GA address. Notices to the guarantor will be sent to the address they provide on the Guaranty agreement. Either party can change their notice address by providing written notice to the other party.
These stipulations are fairly standard in franchise agreements. They ensure that all parties are aware of how legal notices are to be delivered and where, which can be critical in the event of disputes or legal action. Prospective Auntie Annes franchisees should carefully review these sections with their legal counsel to fully understand their implications.