factual

What notices are waived by the undersigned under the Circle K Personal Guaranty?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

The undersigned each waives: (1) notice of demand and presentment for payment of any indebtedness or nonperformance of any obligations hereby guaranteed; (2) protest and notice of default to any party respecting the indebtedness or nonperformance of any obligations hereby guaranteed; and (3) any right he/she may have to require that an action be brought against the Franchisee, or any other person as a condition of liability.

Source: Item 22 — CONTRACTS (FDD page 100)

What This Means (2025 FDD)

According to Circle K's 2025 Franchise Disclosure Document, the personal guaranty requires the undersigned to waive certain notices and rights. Specifically, the guarantor waives notice of demand and presentment for payment of any debt or nonperformance of obligations guaranteed. This means Circle K is not required to formally demand payment or present the debt for payment before pursuing the guarantor.

The guarantor also waives protest and notice of default to any party regarding the guaranteed debt or nonperformance. This means Circle K doesn't have to notify the guarantor if the franchisee defaults on their obligations. Finally, the guarantor waives any right to require Circle K to first bring an action against the franchisee or any other person as a condition of liability. This allows Circle K to pursue the guarantor directly without first suing the franchisee.

These waivers are significant because they streamline Circle K's ability to recover debts and enforce obligations under the franchise agreement. The guarantor's liability is not contingent on Circle K pursuing other remedies against the franchisee. This could expose the guarantor to immediate liability if the franchisee fails to meet their financial or performance obligations. Prospective franchisees should carefully consider the implications of these waivers and seek legal counsel to fully understand their obligations under the personal guaranty.

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.