Does the guarantor of a Browns Chicken franchise waive all legal or equitable defenses?

The 2025 Browns Chicken Franchise Disclosure Document does not explicitly state that a guarantor waives all legal or equitable defenses. However, it does state that "the selling Franchisee and its owners will remain liable (and will execute a guaranty if requested by Brown) for the performance by the transferee of its obligations under the Franchise Agreement, for a duration, not to exceed the remainder of the term of the transferor's Franchise Agreement, as determined by Brown".

This means that if you are a franchisee selling your Browns Chicken franchise, you (and potentially your owners) may be required to guarantee the performance of the buyer (transferee). This guaranty, if required by Browns Chicken, would obligate you to ensure the new franchisee fulfills all responsibilities under the Franchise Agreement. The duration of this guaranty will not exceed the remaining term of your original franchise agreement, and Browns Chicken determines the specific length of the guaranty.

Since the FDD does not specify whether this guaranty includes a waiver of all legal or equitable defenses, it is important for a prospective franchisee to clarify the terms of the guaranty with Browns Chicken. Understanding the full scope of the guaranty, including any waivers or limitations on defenses, is crucial before agreeing to the transfer of a franchise.