Does the Beehive Homes Guaranty allow for modifications or amendments outside of the written agreement?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS GUARANTY AND ASSUMPTION OF OBLIGATIONS UNDER FRANCHISE | ||
|---|---|---|
| AGREEMENT (the "Guaranty") is given this day of, 2025, by the undersigned: | ||
| 1. | In consideration of, and as an inducement to, the execution of the franchise agreement | |
| dated, 2025 (referred to in this Guaranty, together with all applicable | ||
| amendments, renewals, addenda, supplemental agreements and assignments, as the "Franchise | ||
| Agreement") by and among BEE HIVE HOMES, INC. (the "Franchisor") and the parties | ||
| identified therein as the Franchisee (the "Franchisee"), and for other good and valuable | ||
| consideration, each of the undersigned, jointly and severally, for themselves, their heirs, legal | ||
| representatives, successors and assigns (hereinafter referred to individually | and collectively as | |
| "Guarantor" whether one or more) personally, unconditionally | and irrevocably guarantees to | |
| Franchisor, and its successors and assigns, (a) the full and prompt payment of all sums owed by | ||
| Franchisee to Franchisor and its Affiliates under the Franchise Agreement and otherwise relating | ||
| to the Home, including, but not limited to, all fees and charges, interest, default interest, all other | ||
| costs and fees and attorneys' fees incurred in connection with enforcement of the Franchise | ||
| Agreement; and (b) the performance of all other obligations of Franchisee arising under the | ||
| Franchise Agreement (collectively, the "Obligations"). This Guaranty | is primary to Guarantor | |
| and Guarantor will immediately, upon request of Franchisor, make payment in full of all amounts | ||
| due and owing to Franchisor and its Affiliates under the Franchise Agreement, and perform each | ||
| and every Obligation to Franchisor and its Affiliates under the Franchise Agreement. |
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, the Guaranty provided by the guarantor is tied to the Franchise Agreement, which includes "all applicable amendments, renewals, addenda, supplemental agreements and assignments." This implies that the Guaranty extends to any written modifications or amendments to the Franchise Agreement.
However, in the context of assignment of the franchise, if the franchisee is assigning their rights to a corporation, partnership, or limited liability company, the terms of the organizational documents relating to the assignee cannot be amended without prior written consent from Beehive Homes. This restriction ensures that Beehive Homes maintains control over changes in the structure of the franchisee entity.
Therefore, while the Guaranty itself extends to written modifications of the Franchise Agreement, any modifications to the assignee's organizational documents (in cases of assignment to a legal entity) require Beehive Homes' prior written approval. This dual requirement ensures both the franchisee's and the franchisor's interests are protected throughout the term of the agreement.