Does the Angry Chickz Continuing Guaranty terminate upon the death of a Guarantor?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.2 All references herein to Franchisee shall be deemed to include its successors and permitted assigns, and all references herein to Guarantor shall be deemed to include Guarantor and Guarantor's successors and permitted assigns and, upon the death of a Guarantor, the duly appointed representative, executor or administrator of the Guarantor's estate.
This Continuing Guaranty shall not terminate or be revoked upon the death of a Guarantor, notwithstanding any knowledge by Franchisor of a Guarantor's death.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Angry Chickz's 2025 Franchise Disclosure Document, the Continuing Guaranty does not terminate upon the death of a Guarantor. The agreement remains in effect and binds the Guarantor's successors, permitted assigns, and the duly appointed representative, executor, or administrator of the Guarantor's estate. This ensures that the obligations under the guaranty continue to be met even after the Guarantor's death.
This provision means that if a prospective Angry Chickz franchisee is required to have a guarantor for their obligations, that guarantor's estate will remain responsible for those obligations even after their death. The franchisor's interests are protected by ensuring the continuity of the guaranty, regardless of the guarantor's passing. The estate will be responsible for fulfilling the obligations outlined in the guaranty.
This clause is designed to provide Angry Chickz with continuous financial security, preventing the termination of the guaranty upon the guarantor's death. Franchisees should be aware of this provision and ensure that any potential guarantors understand their estate will be responsible for the obligations under the Continuing Guaranty. It is advisable for potential guarantors to seek legal counsel to fully understand the implications of this clause and how it may affect their estate planning.