What happens if a director, officer, shareholder, partner, or member of a 1-800-GOT-JUNK? franchise fails to sign the guarantee agreement?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
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:
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, 1-800-GOT-JUNK? requires a guarantee agreement to be signed by a director, officer, shareholder, partner, or member of the franchisee. The document states that in order to induce 1-800-GOT-JUNK? to enter into a Franchise Agreement with the Franchisee, the Guarantor has agreed to execute and deliver this Agreement. The Guarantor benefits from the Franchise Agreement and the grant of the license to the Franchisee, and has agreed to execute and deliver this Agreement.
The guarantee agreement is made between the Guarantor and 1-800-GOT-JUNK? LLC, and it warrants that the facts contained in the agreement's recitals are correct. The guarantor is bound by the agreement during the term of the Franchise Agreement, including any extensions or renewals, until all terms, covenants, and conditions are fulfilled by the Franchisee or discharged by 1-800-GOT-JUNK?.
The FDD excerpt does not explicitly state the consequences if a required guarantor fails to sign the agreement. However, it implies that the agreement is a prerequisite for 1-800-GOT-JUNK? to enter into the Franchise Agreement. Therefore, if a required guarantor does not sign, 1-800-GOT-JUNK? may refuse to grant the franchise. A prospective franchisee should confirm with 1-800-GOT-JUNK? what the specific ramifications are if a guarantor does not sign the agreement.