Does each guarantor of Browns Chicken waive acceptance and notice of acceptance by the Company of the undertakings?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Each of the undersigned waives: (1) acceptance and notice of acceptance by the Company of the foregoing undertakings; (2) notice of demand for payment of any indebtedness or nonperformance of any Obligations hereby guaranteed; (3) protest and notice of default to any party with respect to the indebtedness or nonperformance of Obligations hereby guaranteed; (4) any right he may have to require that an action be brought against Franchisee or any other person as a condition of liability; (5) any and all other notices and legal or equitable defenses to which he may be entitled; and (6) any right to disclosures from the Company regarding the financial condition of Franchisee or any guarantor of Franchisee.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, each guarantor waives acceptance and notice of acceptance by the company of the undertakings. Specifically, each guarantor waives acceptance and notice of acceptance by Browns Chicken of the obligations guaranteed. This means that the guarantor is immediately bound by the guaranty without needing formal acceptance or notification from Browns Chicken.
In addition to waiving acceptance and notice of acceptance, the guarantor also waives notice of demand for payment of any debt or nonperformance of any obligations guaranteed. They also waive protest and notice of default to any party regarding the guaranteed debt or nonperformance. This indicates that Browns Chicken does not have to provide the guarantor with a warning or reminder before seeking fulfillment of the guaranteed obligations.
Furthermore, the guarantor waives any right to require Browns Chicken to first bring an action against the franchisee or any other person as a condition of liability. The guarantor also waives any and all other notices and legal or equitable defenses to which they may be entitled, along with any right to disclosures from Browns Chicken regarding the financial condition of the franchisee or any other guarantor. This comprehensive waiver ensures that the guarantor's obligations are direct, immediate, and unconditional, simplifying the process for Browns Chicken to enforce the guaranty in case of franchisee default.