What assurances does the prospective franchisee give to Bft in the Statement of Prospective Franchisee?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
of the obligations of Franchisor in accordance with the terms and conditions of the franchise registration in each state where the franchise is registered, and under its Franchise Agreement identified in its 2025 Franchise Disclosure Document, as it may be amended, and as that Franchise Agreement may be entered into with franchisees as amended, modified or extended from time to time. This guaranty continues in full force and effect until all obligations of the Franchisor under its franchise registrations and Franchise Agreements are satisfied or until the liability of Franchisor to its franchisees under the Franchise Agreement has been completely discharged, whichever first occurs. The Guarantor is not discharged from liability if a claim by a franchisee against the Franchisor remains outstanding. Notice of acceptance is waived. The Guarantor does not waive notice of Franchisor's default. This guaranty is binding on the Guarantor and its successors and assignees.
The Guarantor signs this guaranty at Irvine, California on the 14 day of March , 2025.
GUARANTOR:
XPOF ASSETCO, LLC
By: John Meloun Title: Chief Financial Officer
EXHIBIT E
STATEMENT OF PROSPECTIVE FRANCHISEE
BFT FRANCHISE SPV, LLC STATEMENT OF PROSPECTIVE FRANCHISEE
[Note: Dates and Answers Must Be Completed in the Prospective Franchisee's Own Handwriting.]
** If the state franchise registration and disclosure laws of California, Hawaii, Illinois, Indiana, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin apply to you, then you are not required to complete this Statement of Prospective Franchisee. Do not sign this Statement if you are a resident of Maryland or the franchise is to be operated in Maryland. **
**Do not sign this Statement of Prospective Franchisee if you are a resident of Washington or the business that you will operate is located in Washington.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, the Statement of Prospective Franchisee includes assurances to the franchisor, BFT Franchise SPV, LLC, that aim to prevent misunderstandings and legal violations. The prospective franchisee acknowledges that the franchisor relies on the accuracy of the statements made in the document. This statement is crucial for Bft to ensure that franchisees are fully aware of their obligations and the terms of the franchise agreement.
The document specifies that in certain states (California, Hawaii, Illinois, Indiana, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin), prospective franchisees are not required to complete the Statement. Furthermore, residents of Maryland or those operating a franchise in Maryland should not sign the statement. Similarly, residents of Washington or businesses operating in Washington should not sign, as the statement does not waive any liability under the Washington Franchise Investment Protection Act.
Additionally, the prospective franchisee must initial to confirm they were advised to discuss the franchise with existing Bft franchisees and were provided with a list of these franchisees. This step ensures that potential franchisees have the opportunity to gather firsthand information about the Bft franchise system from current operators, promoting informed decision-making and transparency.