factual

Does the undersigned waive protest and notice of default to any party with respect to the indebtedness of non-performance of any obligations guaranteed to Pearce Bespoke?

Pearce_Bespoke Franchise · 2025 FDD

Answer from 2025 FDD Document

The undersigned waives:

    1. acceptance and notice of acceptance by Franchisor of the foregoing undertakings.
    1. notice of demand for payment of any indebtedness or non-performance of any obligations hereby guaranteed.
    1. protest and notice of default to any party with respect to the indebtedness of non-performance of any obligations hereby guaranteed.
    1. any right the undersigned may have to require that an action be brought against Franchisee or any other person as a condition of liability; and
    1. any and all other notices and legal or equitable defenses to which the undersigned may be entitled.

Source: Item 22 — CONTRACTS (FDD page 39)

What This Means (2025 FDD)

According to Pearce Bespoke's 2025 Franchise Disclosure Document, the personal guaranty includes a waiver of protest and notice of default. Specifically, the undersigned, acting as a guarantor, waives protest and notice of default to any party regarding the indebtedness or non-performance of obligations guaranteed to Pearce Bespoke. This waiver is part of the Personal Guaranty of Owner/Shareholder agreement that is signed in conjunction with the franchise agreement.

In practical terms, this means that if the Pearce Bespoke franchisee defaults on their obligations, the guarantor cannot claim they were not properly notified or given a chance to address the default. The guarantor is giving up their right to receive a formal protest or notice of default. This waiver is designed to protect Pearce Bespoke by streamlining the process of pursuing remedies in case of franchisee non-compliance.

This type of waiver is common in franchise agreements where a personal guaranty is required. It ensures that the franchisor can act quickly to protect its interests without being delayed by procedural requirements. A prospective Pearce Bespoke franchisee should carefully review the personal guaranty and understand the implications of waiving these rights, as it could expose them to greater personal liability in the event of a default by the franchisee entity.

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.