factual

What does the Undersigned waive regarding the Cool Binz Promissory Note?

Cool_Binz Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. The Undersigned hereby waives presentation for payment, demand, notice of nonpayment, protest, and all other demands and notices required by law (statutory or otherwise). In the event that the undersigned should default under this Promissory Note, and legal proceedings are commenced to collect the indebtedness evidenced hereby, the undersigned agrees to pay all costs and expenses, including reasonable attorney fees, incurred in the collection of this Promissory Note.

Source: Item 23 — RECEIPTS (FDD pages 63–238)

What This Means (2025 FDD)

According to Cool Binz's 2025 Franchise Disclosure Document, the Undersigned, referring to the franchisee, waives certain rights and notices related to the Promissory Note. Specifically, the franchisee waives the right to presentation for payment, demand, notice of nonpayment, protest, and all other demands and notices required by law, whether statutory or otherwise. This means that Cool Binz is not obligated to formally present the note for payment, demand payment, provide notice if payment is not made, or engage in a formal protest if payment is not honored.

This waiver has significant implications for a Cool Binz franchisee. By agreeing to these terms, the franchisee essentially relinquishes some of the standard legal protections that would normally be in place with a promissory note. This could potentially expedite the process if Cool Binz needs to take action to collect on the note in the event of a default.

Furthermore, the document states that if the Undersigned defaults on the Promissory Note and legal proceedings are initiated to collect the debt, the Undersigned agrees to cover all associated costs and expenses, including reasonable attorney fees. This provision places the financial burden of any legal action squarely on the franchisee in the event of a default, potentially increasing the financial risk associated with the Promissory Note.

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.