factual

Does the guarantor for a Buildingstars franchise waive rights to payments and claims for reimbursement against the franchisee arising from the guarantor's performance under the guaranty?

Buildingstars Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (5) all rights to payments and claims for reimbursement or subrogation which any of the GUARANTORS may have against the FRANCHISEE arising as a result of the GUARANTORS' execution of and performance under this guaranty; and

Source: Item 22 — CONTRACTS (FDD page 43)

What This Means (2025 FDD)

According to Buildingstars's 2025 Franchise Disclosure Document, the guarantor does waive rights to payments and claims for reimbursement against the franchisee. Specifically, the guarantor waives all rights to payments and claims for reimbursement or subrogation that they may have against the franchisee. This waiver arises as a result of the guarantor's execution of and performance under the guaranty.

This means that if a guarantor makes payments or fulfills obligations on behalf of a Buildingstars franchisee, the guarantor gives up the right to seek reimbursement from the franchisee for those payments or obligations. This is a significant consideration for anyone considering acting as a guarantor, as they will not be able to recover any funds they pay out under the guaranty from the franchisee.

This waiver is part of a broader set of conditions under which the guarantor agrees to be bound. The guarantor also consents to the direct and immediate liability under the guaranty being joint and several. They also agree to render any payment or performance required under the agreement upon demand if the franchisee fails or refuses to do so punctually. The guarantor's liability is not contingent upon Buildingstars pursuing remedies against the franchisee or any other person, and it is not affected by any extensions of time, credit, or indulgence that Buildingstars may grant to the franchisee.

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.