factual

Under what circumstances might Auntie Annes provide a guaranty or other financing to a franchisee?

Auntie_Annes Franchise · 2024 FDD

Answer from 2024 FDD Document

Consent to Jurisdiction.

Guarantor: (i) submits to personal jurisdiction in Georgia for the enforcement of this Guaranty; and (ii) waives all personal rights under the laws of Georgia or of any state to object to jurisdiction within Georgia for litigation related to this Guaranty, regardless of any present or future domicile of Guarantor, Franchisee, or Franchisor.

Governing Law.

This Guaranty is to be construed under and governed by the law of the State of Georgia without regard to Georgia, or any other, choice of law or conflicts of law principles.

If any provision of this Guaranty would not be enforceable under the laws of Georgia, and if the business franchised under the Franchise Agreement is located outside of Georgia and the provision would be enforceable under the laws of the state in which the franchised business is located, then that provision, and only that provision, will be interpreted and construed under the laws of that state.

Nothing in this Guaranty is intended to invoke the application of any franchise, business opportunity, antitrust, "implied covenant," unfair competition, fiduciary, or other doctrine of law of Georgia or any other state.

Dispute Resolution**.** Section 19 (Dispute Resolution) of the Franchise Agreement is hereby incorporated herein by reference and will be applicable to any all disputes between Franchisor and any of the Guarantors, as though Guarantor were the "Franchisee" referred to in the Franchise Agreement.

Notices.

Any notice under this Agreement must be in writing and is deemed delivered: (i) 1 business day after being sent by commercial courier service for next business day delivery; or (ii) 5 days after being deposited in the United States mail for certified or registered delivery, return receipt requested, postage prepaid.

Notice to Franchisor will be addressed to: Legal Department, Auntie Anne's Franchisor SPV LLC, 48-50 W.

Chestnut, Suite 200, Lancaster, PA 17603, with a copy to Auntie Anne's Franchisor SPV LLC, 5620 Glenridge Drive, NE, Atlanta, Georgia 30342.

Notice to Guarantor will be addressed to the address stated below his or her signature at the end of this Guaranty.

The addresses for notices may be changed at any time by either party by written notice given to the other party as provided in this Section.

    1. Successors and Assigns. The provisions of this Guaranty will bind Guarantor and Guarantor's respective heirs and personal representatives and will benefit Franchisor and its respective successors and assigns. Guarantor will not assign this Guaranty without Franchisor's prior written consent. Guarantor's death will not terminate this Guaranty and the same will be enforceable against Guarantor's estate. This Guaranty will continue in full force and effect and remain enforceable against each Guarantor if Franchisee or any owner of Franchisee transfers any interest in the Franchise Agreement or Franchisee.
    1. Severability. To the extent that any provision of this Guaranty would violate any applicable usury statute or any other applicable law, the Obligations will be reduced to the limit legally permitted, but the Obligation will be fulfilled to the limit of its legal validity. The provisions of this Section will control every other provision of this Guaranty.
    1. No Release. The cessation of or release from liability of any Guarantor will not relieve any other Guarantor from liability under this Guaranty or the Franchise Agreement, except to the extent that the default has been remedied or monies owed have been paid.
    1. Survival. Guarantor agrees that the Obligations survive the termination of the Franchise Agreement.

IN WITNESS WHEREOF, Guarantor has signed and delivered this Guaranty as of the date stated below Guarantor's signature.

Source: Item 10 — FINANCING (FDD page 61)

What This Means (2024 FDD)

Based on the 2024 Auntie Annes Franchise Disclosure Document, the excerpts provided do not detail the specific circumstances under which Auntie Annes might offer a guaranty or financing to a franchisee. However, the document does include a sample Guaranty agreement in Item 22, indicating that a guarantor may be required in some instances. This agreement outlines the guarantor's responsibilities, consent to jurisdiction, and governing law.

While the FDD does not explicitly state when a guaranty is required, the presence of this agreement suggests that it is a potential requirement for some franchisees. The agreement ensures that the guarantor is bound by the terms of the franchise agreement and is subject to the legal jurisdiction of Georgia, regardless of their domicile. It also clarifies that the obligations of the guarantor survive the termination of the franchise agreement.

To gain a comprehensive understanding of when Auntie Annes requires a guaranty or offers financing, prospective franchisees should directly inquire with the franchisor. Specifically, they should ask about the criteria used to determine when a guaranty is necessary, whether financing options are available, and the terms and conditions associated with any such financing or guaranty. This information is crucial for assessing the financial obligations and risks associated with investing in an Auntie Annes franchise.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.