factual

What is the 1-800-GOT-JUNK? Guarantor's liability for damages arising from the Franchisee's breach of the Franchise Agreement?

1_800_Got_Junk Franchise · 2025 FDD

Answer from 2025 FDD Document

ve Date”). BETWEEN: ________________________________, a [single/married] person, of


(the “Guarantor”) AND: 1-800-GOT-JUNK? LLC, a Delaware limited liability company having its head office at 887 Great Northern Way, Suite 301, Vancouver, BC, V5T 4T5, Canada (the “Franchisor”) WHEREAS: A. By a Franchise Agreement made effective the effective date hereof (the “Franchise Agreement”), the Franchisor granted a licence to ____________________ (the “Franchisee”) for the establishment and operation of a retail business offering junk removal services under the name “1-800- GOT-JUNK?”. B. In order to induce the Franchisor to enter into the Franchise Agreement with the Franchisee, the Guarantor has agreed to execute and deliver this Agreement. C. The Guarantor, who is a shareholder (directly or indirectly), director, officer, member or partner of the Franchisee and thereby benefits from the Franchise Agreement and stands to benefit from the grant of the licence to the Franchisee, has agreed to execute and deliver this Agreement. D. Capitalized terms used but not defined in this Agreement shall have their respective meanings as defined the Franchise Agreement. THIS AGREEMENT WITNESSES that in consideration of the Franchisor entering into the Franchise Agreement and other good and valuable consideration (the receipt and sufficiency whereof is hereby acknowledged by the Guarantor), the Guarantor covenants and agrees with and in favor of the Franchisor as follows: PART 1 - GUARANTEE 1. The Guarantor warrants that the facts contained in Recitals A, B, and C are correct. 2. The Guarantor shall at all times during the term of the Franchise Agreement and during any exercised extension or renewal of the term of the Franchise Agreement and until all of the terms, covenants and conditions of all agreements and dealings between the Franchisee and the Franchisor have been fully and completely performed by the Franchisee or otherwise discharged by the Franchisor: 4934-9833-2741.1

  • 2 - (a) guaranty the full and punctual payment and performance of all present and future obligations, liabilities, covenants and agreements required to be observed and performed or paid or reimbursed by the Guarantor under or relating to the Franchise Agreement, plus all costs, expenses and fees (including the reasonable fees and expenses of the Franchisor's counsel) in any way relating to the enforcement or protection of Franchisor's rights hereunder, including without limitation, (i) royalty, minimum royalty, marketing royalty, amounts owing for products and inventory purchased by the Franchisee, rent, additional rent, monies, charges and other amounts of any kind whatsoever payable by the Franchisee to the Franchisor pursuant to any agreements or dealings between the Franchisee and the Franchisor, and (ii) the prompt and complete performance of any and all terms, covenants and conditions on the part of the Franchisee to be kept, observed and performed under any agreements or dealings between the Franchisee and the Franchisor, including without limitation the terms, covenants and conditions on the part of the Franchisee to be kept, observed and performed under the Franchise Agreement; and (b) indemnify and save harmless the Franchisor from any loss, costs or damages arising out of any failure by the Franchisee to observe or perform any and all of the terms, covenants and conditions contained in the Franchise Agreement, (collectively the “Obligations”).

Source: Item 22 — Contracts (FDD page 24)

What This Means (2025 FDD)

According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, a Guarantor is required to execute and deliver an agreement to induce the Franchisor to enter into a Franchise Agreement with the Franchisee. The Guarantor is typically a shareholder, director, officer, member, or partner of the Franchisee who benefits from the Franchise Agreement. The Guarantor warrants that the facts contained in Recitals A, B, and C of the agreement are correct. The Guarantor is bound by the terms of the Franchise Agreement during its term, any extensions or renewals, and until all terms, covenants, and conditions are fully performed by the Franchisee or discharged by 1-800-GOT-JUNK?.

The Guarantor's obligations are general and continuing security for the franchisee's debts, liabilities, and obligations to 1-800-GOT-JUNK?. The Guarantor's obligations are secured by a security interest in the Debtor's assets. The Guarantor's obligations are not limited or qualified by any representations or agreements unless explicitly stated in the agreement. The agreement is executed at the Guarantor’s request and not at the request of 1-800-GOT-JUNK?. The Guarantor has full power, right, and authority to enter into the Guarantee, Postponement, and Covenants agreement.

Furthermore, the spouse of the guarantor may be required to provide spousal consent, acknowledging that the guarantee is binding upon their separate and community property. This means that if the franchisee defaults, 1-800-GOT-JUNK? may seek to collect from the community property owned by the guarantor and their spouse. This includes income and assets of the marital community. The spouse, by signing the consent, acknowledges the guarantee as a community obligation.

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.