What do the enforcement costs include when Beyond Juicery Eatery enforces the Guaranty?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Enforcement Costs. If Franchisor is required to enforce this Guaranty in any judicial or arbitration proceeding or any appeals, Guarantor must reimburse Franchisor for its enforcement costs.
Enforcement costs include actual accountants', attorneys', attorney's assistants', arbitrators' and expert witness fees, costs of investigation and proof of facts, court costs, arbitration filing fees, other litigation expenses and travel and living expenses, whether incurred prior to, in preparation for, or in contemplation of the filing of any written demand, claim, action, hearing or proceeding to enforce this Guaranty.
Source: Item 22 — CONTRACTS (FDD page 60)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, if Beyond Juicery Eatery has to enforce the Guaranty in any judicial or arbitration proceeding or appeals, the guarantor must reimburse Beyond Juicery Eatery for its enforcement costs. These costs are broadly defined.
The enforcement costs that the guarantor would be responsible for include actual accountants', attorneys', attorney's assistants', arbitrators', and expert witness fees. The guarantor is also responsible for costs of investigation and proof of facts, court costs, arbitration filing fees, and other litigation expenses.
Furthermore, the guarantor is liable for travel and living expenses, regardless of whether these costs are incurred prior to, in preparation for, or in contemplation of filing any written demand, claim, action, hearing, or proceeding to enforce the Guaranty. This means a prospective Beyond Juicery Eatery franchisee acting as a guarantor could face significant financial burdens if the franchisor has to take legal action to enforce the guaranty.