What notices does the Guarantor waive regarding the Buildingstars Franchise Agreement?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
- (1) acceptance and notice of acceptance by BUILDINGSTARS or Affiliates 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 any obligations hereby guaranteed;
- (4) any right he or she may have to require that an action be brought against FRANCHISEE or any other person as a condition of liability;
- (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
- (6) any and all other notices and legal or equitable defenses to which he or she may be entitled.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars' 2025 Franchise Disclosure Document, the guarantor waives several notices related to the franchise agreement. These waivers include acceptance and notice of acceptance by Buildingstars or its affiliates, as well as notice of demand for payment of any guaranteed indebtedness or nonperformance. The guarantor also waives protest and notice of default regarding any guaranteed obligations.
Furthermore, the guarantor gives up any right to demand that Buildingstars first pursue action against the franchisee or any other person before seeking recourse from the guarantor. They also waive all rights to payments and claims for reimbursement or subrogation against the franchisee that may arise from their obligations under the guaranty. Finally, the guarantor waives any and all other notices and legal or equitable defenses they might otherwise be entitled to.
In practical terms, these waivers mean that Buildingstars has significant latitude in pursuing the guarantor for any of the franchisee's debts or failures to perform under the franchise agreement. The guarantor cannot insist that Buildingstars first try to recover from the franchisee, nor can they claim ignorance of the franchisee's defaults or demand specific notices before being held liable. This arrangement is designed to provide Buildingstars with strong protection and assurance that the guaranteed obligations will be met.
Prospective franchisees should carefully consider the implications of these waivers for any individual acting as a guarantor, as it places a substantial burden and risk on the guarantor. It is advisable for potential guarantors to seek independent legal counsel to fully understand the scope of their obligations and potential liabilities under the Buildingstars franchise agreement.