factual

Is the liability of the personal guarantor for a Bang Cookies franchise joint and several with the Franchisee?

Bang_Cookies Franchise · 2024 FDD

Answer from 2024 FDD Document

You agree that: (a) your direct and immediate liability under this guaranty shall be joint and several with Franchisee and all other signatories to this Agreement; (b) you will render any payment required under the

Franchise Agreement and the Ancillary Agreements upon demand if Franchisee fails or refuses punctually to do so; (c) your liability shall not be contingent or conditioned upon pursuit by us of any remedies against Franchisee or any other person; and (d) liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence that we may grant to Franchisee or to any other person, including the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which shall in any way modify or amend this guarantee, which shall be continuing and irrevocable during the term of each of the Franchise Agreement and the Ancillary Agreements and following the termination, expiration or Transfer of each of the Franchise Agreement and the Ancillary Agreements to the extent any financial obligations under any such Franchise Agreement and Ancillary Agreements survive such termination, expiration or Transfer. This guaranty will continue unchanged by the occurrence of any bankruptcy with respect to Franchisee or any assignee or successor of Franchisee or by any abandonment of one or more of the Franchise Agreement and/or and Ancillary Agreements by a trustee of Franchisee. Neither your obligation to make payment in accordance with the terms of this undertaking nor any remedy for enforcement shall be impaired, modified, changed, released or limited in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of Franchisee or its estate in bankruptcy or of any remedy for enforcement, resulting from the operation of any present or future provision of the U.S. Bankruptcy Act or other statute, or from the decision of any court or agency.

Source: Item 23 — RECEIPTS (FDD pages 56–245)

What This Means (2024 FDD)

According to Bang Cookies's 2024 Franchise Disclosure Document, the personal guarantor's liability is joint and several with the franchisee. This means that the guarantor is equally responsible for the franchisee's obligations under the Franchise Agreement and Ancillary Agreements.

Specifically, the guarantor is directly and immediately liable for any payments required if the franchisee fails to make them. Bang Cookies does not need to first pursue remedies against the franchisee before demanding payment from the guarantor. The guarantor's liability remains even if Bang Cookies grants extensions of time or other indulgences to the franchisee.

Furthermore, the guaranty remains in effect even if the franchisee declares bankruptcy or abandons the Franchise Agreement. The guarantor's obligation to make payments will not be affected by any changes or limitations to the franchisee's liability due to bankruptcy or other legal proceedings. This ensures that Bang Cookies has a direct and continuing recourse for financial obligations, regardless of the franchisee's financial situation.

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.