What specific notices are waived by the spouse or domestic partner under the Learningrx spousal guaranty?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the undersigned waives: (i) acceptance and notice of acceptance by Franchisor of the foregoing undertakings; (ii) notice of demand for payment of any indebtedness or non-performance of any obligations hereby guaranteed; (iii) protest and non-performance of any obligations hereby guaranteed; (iv) any right it may have to require that an action be brought against Franchisee or any other person as a condition of liability; and (v) any and all other notices and legal or equitable defenses to which it may be entitled.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, the spousal guaranty requires the spouse or domestic partner to waive certain notices. Specifically, they waive acceptance and notice of acceptance by Learningrx of the undertakings in the franchise agreement. They also waive notice of demand for payment of any debt or non-performance of any guaranteed obligations, as well as protest and non-performance of any guaranteed obligations.
Furthermore, the spouse or domestic partner waives any right to demand that Learningrx first bring an action against the franchisee or any other person before seeking recourse from the guarantor. They also waive any and all other notices and legal or equitable defenses to which they may be entitled. This means the spouse or domestic partner gives up their right to receive various notifications and assert certain defenses that might otherwise protect them from liability under the guaranty.
In practical terms, this waiver means that Learningrx can pursue the spouse or domestic partner directly for the franchisee's debts and obligations without first notifying them or taking action against the franchisee. The spouse or domestic partner's liability is direct and immediate, and Learningrx is not required to pursue other remedies before seeking payment or performance from the guarantor. This arrangement is designed to provide Learningrx with a more straightforward and efficient means of enforcing the franchise agreement and recovering any losses it may incur due to the franchisee's default.