Does the Guarantor's authorization to Aira Fitness lessen the Guarantor's liability under the Guaranty?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
| 4. | Guarantor's Authorization to Franchisor. | | Guarantor(s) authorizes Franchisor, | without notice or demand and without lessening Guarantor's liability under this Guaranty, from time | to time: (a) to make or approve changes to the Franchise Agreement; (b) to repeatedly compromise, | renew, extend, accelerate, or otherwise change the time for
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the Guarantor's authorization to the Franchisor does not lessen the Guarantor's liability under the Guaranty. The Guaranty outlines the terms under which a guarantor ensures the franchisee (Developer) fulfills their obligations to Aira Fitness.
Specifically, the Guaranty states that the guarantor authorizes Aira Fitness to make changes to the Franchise Agreement, or to compromise, renew, extend, accelerate, or otherwise change the time for payment or performance, without notice or demand and without reducing the guarantor's liability. This means that even if Aira Fitness modifies the agreement with the franchisee, the guarantor remains fully responsible for the franchisee's obligations.
This clause protects Aira Fitness by ensuring that the guarantor's obligations remain intact even if the terms of the franchise agreement change. For a potential guarantor, this signifies a substantial commitment, as their liability persists despite potential modifications to the agreement between Aira Fitness and the franchisee. It is crucial for the guarantor to fully understand the implications of this clause and the extent of their financial responsibility.