Which specific articles of the Franchise Agreement regarding restrictive covenants, confidentiality, and indemnification are incorporated into the Guaranty for Bambu?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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- He or she shall be bound by the restrictive covenants and confidentiality provisions contained in Article 21 of the Agreement and the indemnification provision contained in Section 20.3 of the Agreement and such provisions are incorporated into this Guaranty by this reference; and
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- The governing law, venue, jurisdiction, injunctive relief, limitations on remedies and attorneys' fee provisions contained in Article 23 and Section 24.6 of the Agreement shall govern this Guaranty and such provisions are incorporated into this Guaranty by this reference.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, the Guaranty incorporates specific articles from the Franchise Agreement. Specifically, Article 21, which contains the restrictive covenants and confidentiality provisions, is incorporated into the Guaranty. Additionally, Section 20.3, which outlines the indemnification provision, is also incorporated by reference into the Guaranty.
This means that any individual signing the Guaranty is personally bound by the terms of these sections. This includes restrictions on competition during and after the franchise term, obligations to maintain the confidentiality of Bambu's proprietary information, and the responsibility to indemnify Bambu against certain losses or liabilities.
Furthermore, Article 23 and Section 24.6 of the Franchise Agreement, which cover governing law, venue, jurisdiction, injunctive relief, limitations on remedies, and attorneys' fees, are also incorporated into the Guaranty. This ensures that the terms of the Guaranty are consistent with the overall legal framework established in the Franchise Agreement.