Is the B Bops Personal Guaranty continuing and revocable?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the undersigned further agree as follows: (a) that this Guaranty shall be continuing and irrevocable; (b) that they, and each of them, shall render any payment or performance required under this Agreement upon demand if Franchisee fails or refuses promptly to do so; (c) such liability shall be primary and shall not be contingent upon Company pursuing or exhausting any remedies against Franchisee; (d) such liability shall not be waived, diminished or otherwise affected by any extension of time, credit or other indulgence which Company may from time to time grant to Franchisee; and (e) that they, and each of them, hereby waive notice of acceptance, demand, protest, nonperformance and of any other notices.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, the Personal Guaranty is continuing but not revocable. Individuals signing the guaranty agree to be bound by all terms of the Franchise Agreement, guaranteeing the franchisee's debts and obligations to B Bops.
Specifically, the personal guarantors agree to ensure the full and prompt payment of any franchisee indebtedness to B Bops or its affiliates. This includes any debts arising from the Franchise Agreement or any other agreements related to the franchise. The guarantors also agree not to transfer any ownership interest in the franchise without complying with the requirements outlined in the Franchise Agreement.
The agreement explicitly states that the Personal Guaranty is continuing and irrevocable. This means that the obligations of the guarantor remain in effect and cannot be canceled or terminated. The guarantor's liability is primary, meaning B Bops is not required to pursue the franchisee for remedies before seeking payment or performance from the guarantor. The guarantor's obligations will not be affected even if B Bops grants extensions of time or credit to the franchisee.