Where can I find the personal guarantee agreement that Annex Brands requires?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
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Attachment 2
CONTINUING PERSONAL GUARANTEE
| 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. |
Source: Item 15 — Obligation to Participate in the Actual Operation of the Franchise Business (FDD page 70)
What This Means (2025 FDD)
According to the 2025 FDD, the Continuing Personal Guarantee agreement required by Annex Brands is included as Attachment 2. This agreement stipulates that the guarantor(s) personally guarantee the franchisee's obligations to Annex Brands under the Franchise Agreement and any other agreements signed with Annex Brands or its affiliates.
The guarantor's obligations are not transferable, and any changes to payment terms or modifications of the franchisee's obligations will not affect the guarantor's liabilities. The guarantor also agrees to participate in any legal or arbitration proceedings initiated by Annex Brands or its affiliates to enforce the Franchise Agreement or the Continuing Personal Guarantee.
The guarantor is responsible for covering reasonable attorney's fees and all other expenses incurred by Annex Brands or its affiliates in enforcing the guarantee, including costs associated with appeals. This guarantee remains in effect until all of the franchisee's obligations to Annex Brands are fully performed. The agreement also states that it is binding on the guarantor and their heirs, executors, administrators, successors, and assigns.