Under the Carls franchise agreement, what specific notices are the undersigned guarantors waiving?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
terrorist activity, or to otherwise support or further any terrorist activity.
I. FOR THE FOLLOWING STATES ONLY: CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, WISCONSIN
If Developer is a resident of one of the states listed in the heading of this Section 23.I (the "Applicable Franchise Registration State") or a non-resident who is acquiring franchise rights permitting the location of a Franchised Restaurant in the Applicable Franchise Registration State, then the following applies:
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives.
CARL'S JR. RESTAURANTS LLC
CJR:
By: Print Name: Kerry Olson General Counsel DEVELOPER: Print Name:
GUARANTEE AND ASSUMPTION OF DEVELOPER'S OBLIGATIONS
| Franchisee will delete, | |
|---|---|
| upon CJR’s request unless Franchisee can prove that |
- 1. Guarantee To Be Bound By Certain Obligations. Guarantors hereby personally and unconditionally guarantee to CJR and its successors and assigns, for the term of the Agreement and thereafter as provided in the Agreement or at law or in equity, that each will be personally bound by the restrictions contained in Section 12 of the Agreement.
- 2. Guarantee and Assumption of Developer's Obligations. Guarantors hereby: (A) guarantee to CJR and its successors and assigns, for the term of the Agreement and thereafter as provided in the Agreement or at law or in equity, that Developer and any assignee of Developer's interest under the Agreement shall (1) punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agre
Source: Item 23 — RECEIPTS (FDD pages 80–480)
What This Means (2024 FDD)
Based on the 2024 Carls FDD, the provided excerpts do not contain specific details about the exact notices that guarantors waive under the Carls Jr. Restaurant Franchise Agreement. The excerpts include addenda and modifications to franchise agreements, general releases, and compliance with Minnesota law, but they do not list the specific notices waived by guarantors.
However, the FDD does mention that guarantors may be subject to a general release of claims against Carls Jr. Restaurants LLC (CJR). This release covers a broad range of potential claims, demands, liabilities, and causes of action that the guarantor may have against CJR, arising from any event occurring on or before the date of the guarantee. This could potentially include waiving certain notices, but the exact nature of these notices is not specified in the provided excerpts.
A prospective Carls franchisee should carefully review the franchise agreement and any related guarantee documents to fully understand the scope of the guarantor's obligations and the specific notices being waived. It is advisable to seek legal counsel to clarify these aspects and assess the potential risks and liabilities associated with the guarantee.