factual

What notices does the owner waive in relation to the Benjamin Franklin Plumbing UWIN Agreement?

Benjamin_Franklin_Plumbing Franchise · 2025 FDD

Answer from 2025 FDD Document

The undersigned waives:

    1. acceptance and notice of acceptance by UWIN of the foregoing undertakings;
    1. notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guarantied;
    1. protest and notice of default to any party with respect to the indebtedness or non- performance of any obligations hereby guarantied;
    1. any right the undersigned may have to require that an action be brought against Contractor or any other person as a condition of liability; and
    1. any and all other notices and legal or equitable defenses to which the undersigned may be entitled.

Source: Item 23 — RECEIPTS (FDD pages 88–312)

What This Means (2025 FDD)

According to the 2025 FDD, the owner of a Benjamin Franklin Plumbing franchise waives certain notices related to the UWIN (a customer service resource) Agreement. Specifically, the owner waives acceptance and notice of acceptance by UWIN of the undertakings, notice of demand for payment of any indebtedness or nonperformance of any obligations guaranteed, and protest and notice of default to any party regarding the guaranteed indebtedness or non-performance.

Additionally, the owner waives any right to require that an action be brought against the Benjamin Franklin Plumbing contractor or any other person as a condition of liability. They also waive any and all other notices and legal or equitable defenses to which they may be entitled.

In essence, these waivers mean that UWIN does not have to provide the owner with formal notifications or pursue other parties before seeking recourse from the owner under the guaranty. This places a significant responsibility on the owner, as they are immediately and directly liable for the Benjamin Franklin Plumbing franchise's obligations under the UWIN Agreement. Prospective franchisees should carefully consider the implications of these waivers and seek legal counsel to fully understand their obligations and potential liabilities.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.