Under the Beauty Bungalows Guaranty, is the guarantor's liability direct and immediate?
Beauty_Bungalows Franchise · 2025 FDDAnswer from 2025 FDD Document
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- the undersigned's direct and immediate liability under this Guaranty shall be joint and several with all signatories to this and similar guaranties of Franchisee's obligations;
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- the undersigned shall render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so;
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- this Guaranty shall apply to any claims Franchisor may have due to return of any payments or property Franchisor may have received from Franchisee as a preference, fraudulent transfer or conveyance or the like in any legal proceeding;
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- such liability shall not be contingent or conditioned upon pursuit by Franchisor of any remedies against Franchisee or any other person; and
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- such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence which Franchisor may from time to time grant to Franchisee or any other person, including without limitation, the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which in any way modify or amend this Guaranty, which shall be continuing and irrevocable during and after the terms of the Franchise Documents, as the same may be
Source: Item 23 — RECEIPTS (FDD pages 48–177)
What This Means (2025 FDD)
According to Beauty Bungalows' 2025 Franchise Disclosure Document, the guarantor's liability under the Personal Guaranty is indeed direct and immediate. The guarantor's liability is joint and several with all signatories to similar guarantees of the franchisee's obligations. This means that each guarantor is independently liable for the full amount of the franchisee's debt.
The guarantor is obligated to make any payment or performance required under the agreement upon demand if the franchisee fails or refuses to do so punctually. This highlights the immediate nature of the liability, as the franchisor can seek payment directly from the guarantor without first exhausting all remedies against the franchisee.
Furthermore, the guarantor's liability is not contingent or conditioned upon Beauty Bungalows pursuing any remedies against the franchisee or any other person. The liability also remains unaffected by any extensions of time, credit, or other allowances that Beauty Bungalows may grant to the franchisee. This underscores the comprehensive and unconditional nature of the guaranty, ensuring that the franchisor has a direct and immediate recourse to the guarantor in case of the franchisee's default.