What notices does the Guarantor waive under the Cicis Guaranty?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Each Guarantor waives: (i) all rights to payments and claims for reimbursement or subrogation which any Guarantor may have against Franchisee arising as a result of the Guarantor's execution of and performance under this Guaranty; and (ii) acceptance and notice of acceptance by us of Guarantor's undertakings under this Guaranty, notice of demand for payment of any indebtedness or non-performance of any obligations hereby guaranteed, protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed, and any other notices to which he or she may be entitled.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, a Guarantor waives certain rights and notices related to the guaranty. Specifically, the Guarantor waives acceptance and notice of acceptance by Cicis of the Guarantor's obligations under the Guaranty. This means Cicis doesn't have to formally notify the Guarantor that they accept the Guarantor's promise to guarantee the franchisee's obligations.
Additionally, the Guarantor waives notice of demand for payment of any debt or non-performance of any obligations that are guaranteed. In other words, Cicis doesn't have to notify the Guarantor that the franchisee has failed to pay or perform before seeking recourse from the Guarantor. The Guarantor also waives protest and notice of default to any party concerning the guaranteed debt or non-performance. This means the Guarantor won't receive a formal protest or notice if the franchisee defaults on their obligations.
Finally, the Guarantor waives any other notices to which they might otherwise be entitled. This is a broad waiver that covers any other type of notice that the Guarantor might legally be able to claim. By signing the Guaranty, the Guarantor agrees to be bound by these terms and forgoes the right to receive these specific notices from Cicis.