Is the Better Blend Guaranty agreement applicable to the Better Blend Franchising, LLC's affiliates?

According to the 2024 Better Blend Franchise Disclosure Document, the Guaranty and Non-Compete Agreement is executed in favor of Better Blend Franchising, LLC ("BBF").

While the agreement explicitly names Better Blend Franchising, LLC as the beneficiary of the guaranty, it also states that Better Blend and its affiliate Better Blend Nutrition LLC created and own the system for operating Better Blend businesses. Additionally, the guarantor acknowledges that all confidential information is owned by BBF or its affiliates. This implies that the Guaranty Agreement may extend some protections or benefits to Better Blend's affiliates, particularly concerning confidential information.

However, the FDD does not explicitly state that the Guaranty Agreement is directly enforceable by Better Blend Franchising, LLC's affiliates. A prospective franchisee should seek clarification from Better Blend regarding the extent to which the Guaranty Agreement benefits or protects its affiliates. Specifically, it would be prudent to ask whether affiliates have the right to directly enforce the agreement against the guarantor.