factual

What notices does the guarantor waive in the Browns Chicken Guaranty and Assumption of Obligations?

Browns_Chicken Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. 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, the guarantor waives several notices related to the obligations guaranteed. Specifically, the guarantor waives acceptance and notice of acceptance by Browns Chicken of the undertakings, notice of demand for payment of any debt or nonperformance of any obligations guaranteed, and protest and notice of default to any party regarding the guaranteed debt or nonperformance.

In addition, the guarantor waives any right to require that an action be brought against the franchisee 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. Finally, the guarantor waives any right to disclosures from Browns Chicken regarding the financial condition of the franchisee or any other guarantor of the franchisee.

This means that if you act as a guarantor for a Browns Chicken franchise, you are giving up certain rights to be informed about the franchisee's financial situation and any defaults on their obligations. Browns Chicken is not obligated to keep you informed or pursue the franchisee before seeking payment or performance from you directly. This arrangement is designed to protect Browns Chicken's interests by streamlining the process of recovering debts or ensuring obligations are met, but it places a greater responsibility and risk on the guarantor.

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.