What does Annex Brands agree to honor fully as directed by the Franchisor?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
| As an inducement to Annex Brands, Inc., a California corporation ("Franchisor"), to enter into that certain franchise agreement with an effective date of ("Agreement") by and between Franchisor and |
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| ("Franchisee"), I/we, as personal guarantor(s) (each a "Guarantor"), jointly and severally, |
| absolutely and unequivocally, personally guarantee the performance by Franchisee of all |
| obligations of Franchisee to Franchisor under, or arising out of, the Agreement, and all other |
| agreements signed between Franchisor or any of Franchisor's affiliates ("Other Agreements"), and |
| agree to perform those obligations should Franchisee be unable to perform. The obligations |
| assumed under this Continuing Personal Guarantee are not transferable. |
| Should the time or manner of payment of any amounts owed by Franchisee to Franchisor |
| or any of Franchisor's affiliates change or should any obligation of Franchisee to Franchisor or |
| any of Franchisor's affiliates be modified, such action will not affect the liabilities of Guarantor in |
| any manner. |
| Guarantor agrees to become bound by, and participate in, any judicial proceedings or |
| arbitration proceedings brought by Franchisor or any of Franchisor's affiliates to enforce the |
| Agreement or Other Agreements and this Continuing Personal Guarantee. |
| Guarantor will pay reasonable attorneys' fees and all other costs and expenses, which may |
| be incurred by Franchisor or any of Franchisor's affiliates through appeal in the enforcement of |
| this Continuing Personal Guarantee. |
| This is a continuing personal guarantee and it will remain in full force until all obligations |
| of Franchisee to Franchisor under the Agreement or Other Agreements are fully performed. |
| Should any one or more provisions of this Continuing Personal Guarantee be determined |
| to be illegal or unenforceable, all other provisions will nevertheless remain effective. |
| This Continuing Personal Guarantee will inure to the benefit of Franchisor, its affiliates, |
| its successors and assigns, and is intended to bind Guarantor and his/her/their heirs, executors, |
| administrators, successors and assigns. |
| Guarantor, having received a true copy of this Continuing Personal Guarantee, hereby |
| agrees to be bound by its terms. |
| Dated: |
| at |
| (City/State) |
| (Guarantor): |
| (Guarantor): |
| (Guarantor): |
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to Annex Brands' 2025 Franchise Disclosure Document, personal guarantors agree to guarantee the franchisee's performance of all obligations to Annex Brands. Specifically, as an inducement for Annex Brands to enter into a franchise agreement with the franchisee, the guarantor(s) absolutely and unequivocally guarantee the franchisee's performance under the agreement and any other agreements signed with Annex Brands or its affiliates. This guarantee is not transferable and remains in effect until all obligations are fully performed.
The guarantor also agrees to participate in any legal or arbitration proceedings brought by Annex Brands or its affiliates to enforce the franchise agreement, other agreements, or the personal guarantee itself. The guarantor is responsible for paying reasonable attorneys' fees and all other costs incurred by Annex Brands or its affiliates in enforcing the guarantee, including costs associated with appeals.
This continuing personal guarantee benefits Annex Brands, its affiliates, successors, and assigns, and binds the guarantor and their heirs, executors, administrators, successors, and assigns. By signing the guarantee, the guarantor acknowledges receiving a true copy and agrees to be bound by its terms. This ensures that Annex Brands has recourse to the guarantor's personal assets should the franchisee fail to meet their financial or contractual obligations, providing an additional layer of security for Annex Brands.