Who are the 'Indemnitors' in the All Team franchise agreement?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
O REASON, WITHOUT DISCLOSING THE BASIS FOR ITS DECISION. FRANCHISEE ACKNOWLEDGES THAT UNLESS AND UNTIL ATFC HAS SIGNED THIS AGREEMENT, FRANCHISEE IS NOT A FRANCHISEE OF ATFC AND MAY NOT RELY UPON BECOMING A FRANCHISEE OF ATFC.**
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below their names.
ALL TEAM FRANCHISE CORPORATION Brian Hindman, Chief Executive Officer , Address of FRANCHISEE:# GUARANTY AND ASSUMPTION OF OBLIGATIONS
In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the "Agreement"), by ALL TEAM FRANCHISE CORPORATION ("ATFC") in favor of _______________________ ("FRANCHISEE"), each of the undersigned ("GUARANTORS") hereby personally and unconditionally guarantees to ATFC, its Affiliates (as hereinafter defined), and their successors and assigns for the term of the Agreement and thereafter as provided in the Agreement, that FRANCHISEE shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement and agrees to be personally bound by, and personally liable for the breach of each and every provision in the Agreement, including but not limited to, the restrictive covenants and nondisclosure provisions contained in the Agreement, as well as the provisions in the Agreement relating to the Marks and Transfers to the same extent as and for the same period of time as FRANCHISEE is required to comply with and abide by such covenants and provisions. All of the foregoing obligations of the undersigned shall survive any expiration or termination of the Franchise Agreement or this Guaranty and Assumption of Obligations. The GUARANTORS further hereby personally and unconditionally guarantee all debts and obligations FRANCHISEE incurs to ATFC, its successors, assigns, affiliated entities, parent corporation, and subsidiaries ("Affiliates"), as the case may be, as a result of any obligations under the Agreement and as a result of purchases of products or services from ATFC and its Affiliates. Each of the undersigned waives:
- (1) acceptance and notice of acceptance by ATFC or Affiliates of the foregoing undertakings;
- (2) notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed;
- (3) protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed;
- (4) any right he or she may have to require that an action be brought against FRANCHISEE or any other person as a condition of liability;
- (5) all rights to payments and claims for reimbursement or subrogation which any of the GUARANTORS may have against the FRANCHISEE arising as a result of the GUARANTORS' execution of and performance under this guaranty; and
- (6) any and all other notices and legal or equitable defenses to which he or she may be entitled.
Each of the undersigned consents and agrees that:
- (1) his or her direct and immediate liability under this guaranty shall be joint and several;
- (2) he or she shall render any payment or performance required under the Agreement upon demand if the FRANCHISEE fails or refuses punctually to do so;
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the term 'Indemnitors' does not appear within the provided excerpts of the franchise agreement. However, the document does refer to 'GUARANTORS' in the context of a 'Guaranty and Assumption of Obligations.' These Guarantors personally guarantee the franchisee's obligations to All Team Franchise Corporation.
Specifically, the Guarantors guarantee that the franchisee will fulfill all agreements and covenants within the franchise agreement, including payment obligations, adherence to restrictive covenants, and compliance with non-disclosure provisions. This guarantee extends for the term of the agreement and even after its expiration or termination. The Guarantors also guarantee all debts and obligations the franchisee incurs to All Team and its affiliates resulting from the franchise agreement or from purchases of products/services.
If All Team has to enforce this Guaranty and Assumption of Obligations in court, the Guarantors are responsible for reimbursing All Team's associated costs and expenses. This includes accounting, attorney, and expert witness fees, investigation costs, court costs, and other litigation-related expenses. The terms of the Guaranty are governed by Florida law, and the Guarantors submit to the jurisdiction of Florida courts for any actions related to the Guaranty.
Since the FDD excerpts do not define 'Indemnitors,' a prospective All Team franchisee should ask the franchisor for clarification on whether 'Indemnitors' and 'Guarantors' are the same, and if not, what specific obligations and liabilities 'Indemnitors' would face under the franchise agreement.