factual

Does Afuri Ramen Dumpling require a Personal Guaranty Agreement?

Afuri_Ramen_Dumpling Franchise · 2024 FDD

Answer from 2024 FDD Document

Exhibit I to Afuri Franchise Disclosure Document

PERSONAL GUARANTY AGREEMENT

Each of the undersigned waives: (1) acceptance and notice of acceptance by the Franchisor of the foregoing undertakings; (2) notice of demand for payment of any indebtedness or nonperformance of any obligations guaranteed; (3) protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations guaranteed; (4) any right the undersigned may otherwise have to require that an action be brought against the Franchisee or any other person as a condition of liability.

Source: Item 22 — Contracts (FDD page 50)

What This Means (2024 FDD)

According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, the franchise agreement includes an exhibit for a Personal Guaranty Agreement. This agreement requires the undersigned to waive acceptance and notice of acceptance by the Franchisor, notice of demand for payment, protest and notice of default, and any right to require action against the Franchisee or any other person as a condition of liability.

In practical terms, this means that if you sign a Personal Guaranty Agreement for an Afuri Ramen Dumpling franchise, you are personally liable for the financial obligations of the franchise. This could include debts, leases, and other liabilities. By waiving certain rights, you limit your ability to contest or delay payment of these obligations.

Personal guarantees are a common practice in franchising, especially for new franchisees or those operating under a corporate entity. This agreement ensures that Afuri Ramen Dumpling has recourse to the personal assets of the franchisee in case of default. Prospective franchisees should carefully review the Personal Guaranty Agreement with a legal advisor to fully understand the implications before signing the Franchise Agreement.

It is important to note that the signature instructions within the franchise agreement state that if the franchisee is a corporation, limited liability company, or other business entity, the agreement must be signed by a company officer or owner authorized to sign on behalf of the company. Additionally, the agreement must be signed by all officers and owners of the company as individuals, further emphasizing the importance of understanding the personal liability involved.

Disclaimer: This information is extracted from the 2024 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.