Will the Guarantor's liability be affected by any amendment of the Crown Gold Exchange Franchise Agreement?
Crown_Gold_Exchange Franchise · 2024 FDDAnswer from 2024 FDD Document
- **4.
Modification.** Guarantor agrees that Guarantor's liability hereunder shall not be diminished, relieved or otherwise affected by (a) any amendment of the Franchise Agreement, (b) any extension of time, credit or other indulgence which Crown Gold Franchising may from timeto-time grant to Franchisee or to any other person or entity, or (c) the acceptance of any partial payment or performance or the compromise or release of any claims.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Crown Gold Exchange Franchise Disclosure Document, the Guarantor's liability will not be diminished, relieved, or otherwise affected by any amendment to the Franchise Agreement. The Guarantor also agrees that their liability will not be affected by any extension of time, credit, or other indulgence that Crown Gold Franchising may grant to the franchisee or any other person or entity. Furthermore, the acceptance of any partial payment or performance, or the compromise or release of any claims, will not affect the Guarantor's liability.
This provision is significant because it protects Crown Gold Exchange in the event that the Franchise Agreement is modified after the guaranty is executed. It ensures that the guarantor remains responsible for the franchisee's obligations, even if the terms of the agreement change. This is a common practice in franchising, as it provides the franchisor with added security and reduces the risk of financial loss due to franchisee default.
For a prospective Crown Gold Exchange franchisee, this means that if a third party guarantees their obligations under the Franchise Agreement, that guarantor's liability will remain in place regardless of any future amendments to the agreement. It is crucial for potential guarantors to understand the full scope of their obligations and the potential risks involved before signing the guaranty. They should seek legal counsel to fully understand the implications of this clause.