factual

What waivers does each Guarantor make under the Beyond Juicery Eatery Franchise Agreement?

Beyond_Juicery_Eatery Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Waivers. Each Guarantor waives: (a) acceptance and notice of acceptance by Franchisor of Guarantor's obligations under this Guaranty; (b) notice of demand for payment of any indebtedness or nonperformance of any obligations guaranteed by Guarantor's; (c) protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations guaranteed by Guarantor; (d) any right Guarantor may have to require that an action be brought against the Franchisee or any other person as a condition of Guarantor's liability; (e) all rights to payments and claims for reimbursement or subrogation which Guarantor may have against the Franchisee arising as a result of Guarantor's execution of and performance under this Guaranty; and (f) all other notices and legal or equitable defenses to which Guarantor may be entitled in Guarantor's capacity as guarantor.

Source: Item 22 — CONTRACTS (FDD page 60)

What This Means (2025 FDD)

According to the 2025 Beyond Juicery Eatery Franchise Disclosure Document, the Guarantor, who is typically a principal owner of the franchisee entity, makes several waivers related to their obligations under the guaranty. These waivers significantly impact the Guarantor's rights and protections.

Specifically, each Guarantor waives the right to receive acceptance and notice of acceptance from Beyond Juicery Eatery regarding the Guarantor's obligations. They also waive the right to receive notice of demand for payment or notice of nonperformance of any obligations guaranteed. Furthermore, the Guarantor waives protest and notice of default related to any guaranteed indebtedness or nonperformance. This means Beyond Juicery Eatery is not required to formally notify the Guarantor of these events before taking action.

Additionally, the Guarantor waives any right to require Beyond Juicery Eatery to first bring an action against the franchisee or any other person before pursuing the Guarantor. The Guarantor also relinquishes all rights to payments and claims for reimbursement or subrogation against the franchisee that may arise from the Guarantor's execution and performance under the guaranty. Finally, the Guarantor waives all other notices and legal or equitable defenses they might otherwise be entitled to as a guarantor. These waivers collectively strengthen Beyond Juicery Eatery's position and reduce the Guarantor's ability to contest their obligations.

In essence, these waivers mean that the Guarantor is essentially standing in the shoes of the franchisee and is fully liable for the franchisee's obligations without many of the typical legal protections afforded to guarantors. A prospective franchisee should carefully consider the implications of these waivers and seek legal counsel to fully understand their 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.