factual

Does the Beem Light Sauna guarantee cover liabilities incurred outside of the Development Agreement?

Beem_Light_Sauna Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Defined Terms. All references to "Franchisor" in this Guarantee shall be deemed to include its Affiliates (as defined below), its successors, and its assigns.

All references to the "Development Agreement" in this Guarantee shall include all extension or modifications to such agreement.

All references to the "Initial Franchise Agreement" in this Guarantee refer to that certain Franchise Agreement dated the same date as the Development Agreement, pursuant to which Franchisor granted Franchisee the right to develop and operate one Studio (as defined below) in the Development Area (as defined below).

All capitalized terms not defined herein shall have the meanings given to them in the Initial Franchise Agreement.

    1. Guarantee of Payment and Performance. The Guarantors jointly and severally unconditionally guarantee the full, prompt, and complete payment and performance when due, whether by acceleration or otherwise, of all obligations, indebtedness, and liabilities of Franchisee to Franchisor, direct or indirect, absolute or contingent, of every kind and nature, whether now existing or incurred from time to time hereafter, whether incurred pursuant to the Development Agreement or otherwise, together with any extension, renewal, or modification thereof in whole or in part (collectively, the "Guaranteed Liabilities").

The Guarantors agree that if any of the Guaranteed Liabilities are not so paid or performed by Franchisee when due, the Guarantors will immediately pay or perform (as applicable) such Guaranteed Liabilities.

Source: Item 23 — RECEIPT (FDD pages 71–230)

What This Means (2025 FDD)

According to the 2025 Beem Light Sauna Franchise Disclosure Document, the Payment and Performance Guarantee extends to obligations beyond those specifically within the Development Agreement. The Guarantors, by signing the guarantee, jointly and severally unconditionally guarantee to Beem Light Sauna the payment and performance of all obligations, indebtedness, and liabilities of the Franchisee, whether direct or indirect, absolute or contingent.

This guarantee covers all obligations, regardless of whether they arise from the Development Agreement or otherwise. This includes any extensions, renewals, or modifications to the agreement. The Guarantors agree to fulfill these Guaranteed Liabilities immediately if the Franchisee fails to do so when due.

Furthermore, the Guarantors are responsible for covering all expenses, including reasonable attorneys' fees, incurred while enforcing the Guarantee or securing payment of any Guaranteed Liabilities. This indicates that the guarantee is broad in scope, covering various potential financial responsibilities of the franchisee to Beem Light Sauna.

Disclaimer: This information is extracted from the 2025 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.