Under the Carbones Pizzeria Guaranty, what actions does the guarantor waive?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
The undersigned hereby waive any and all notice of default on the part of Franchisee; waive exhausting of recourse against Franchisee; and consent to any assignment
Source: Item 22 — CONTRACTS (FDD page 30)
What This Means (2025 FDD)
According to Carbones Pizzeria's 2025 Franchise Disclosure Document, the guarantor waives certain rights and notices related to the Franchise Agreement. Specifically, the guarantor waives any and all notice of default on the part of the franchisee. This means that Carbones Pizzeria is not obligated to inform the guarantor if the franchisee fails to meet their obligations under the Franchise Agreement.
Additionally, the guarantor waives the right to require Carbones Pizzeria to exhaust all possible recourse against the franchisee before seeking fulfillment of the guaranty. In other words, Carbones Pizzeria can immediately pursue the guarantor for any outstanding debts or unfulfilled obligations of the franchisee without first having to take action against the franchisee themselves. The guarantor also consents to any assignment.
These waivers are significant because they streamline the process for Carbones Pizzeria to seek remedies in case of a franchisee's default. The guarantor's obligations become more direct and immediate, increasing their risk. A prospective guarantor should carefully consider these waivers and understand the full extent of their potential liability before signing the Guaranty.