Does the Bevaris Alliance agreement state that legal limitations relating to the franchisee can reduce the Individual's liability?

According to the 2024 Bevaris Alliance Franchise Disclosure Document, the individual's liability, as a guarantor, is not reduced or affected by any legal limitations, disability, or incapacity of the franchisee or any other person. This means that even if the franchisee has legal issues that limit their ability to fulfill their obligations, the individual guarantor remains fully liable.

The agreement specifies that the individual's guarantee is a continuing one, remaining in effect until the franchisee has fully paid and performed all obligations under the agreement. The individual is also restricted from exercising rights of subrogation and indemnity, or from benefiting from any security related to the franchisee's obligations, until all obligations are met. If the individual does exercise any of these rights, they must hold any recovered amounts in trust for Bevaris Alliance and pay them on demand.

Furthermore, during the term of the agreement, the individual must ensure the franchisee performs all obligations, devote full-time attention to the franchisee's business, be a director, officer, or managing member of the franchisee, and hold more than 50% of the issued voting capital of the franchisee. The individual cannot assign or transfer any rights or obligations under the agreement. This comprehensive guarantee ensures that Bevaris Alliance has recourse to the individual's assets and involvement in the business, regardless of the franchisee's legal standing or capacity.