Besides the financial statements, what exhibit is included in the Bft FDD?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
ticular future reporting period by the unfavorable resolution of one or more matters or contingencies during such period.
Other Regulatory Matters – On April 10, 2023, the Company, the Member and the Member's Parent (collectively the "Defendants") received notice of an investigation from the Commissioner of California's Department of Financial Protection and Innovation ("DFPI") related to the Defendants' compliance with California's Franchise Investment Law. On November 4, 2024, without admission of wrongdoing the Defendants entered into a Consent Order with the DFPI to resolve the matter.
In addition, the Company has received inquiries from other states, including the Office of the Attorney General of the State of New York, the Office of the Attorney General of the State of Maryland, the Washington Department of Financial Institutions, and the Minnesota Department of Commerce regarding the Company's compliance with applicable franchise laws.
Note 10 – Subsequent events
The Company has evaluated subsequent events through March 14, 2025, which is the date these consolidated financial statements were available to be issued.
EXHIBIT D GUARANTY OF PERFORMANCE
GUARANTY OF PERFORMANCE
For value received, XPOF ASSETCO, LLC, a Delaware limited liability company located at 17877 VON KARMAN AVENUE, SUITE 100, IRVINE, CALIFORNIA 92614 (the "Guarantor"), absolutely and unconditionally guarantees the performance by BFT FRANCHISE SPV, LLC, a Delaware limited liability company, located at 17877 VON KARMAN AVENUE, SUITE 100, IRVINE, CALIFORNIA 92614 (the "Franchisor"), of all 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.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to the 2025 Bft Franchise Disclosure Document, there are multiple exhibits included. Exhibit A is the Form of Franchise Agreement. Exhibit D is the Guaranty of Performance provided by XPOF ASSETCO, LLC, guaranteeing Bft FRANCHISE SPV, LLC's obligations under the franchise agreement and franchise registrations. Exhibit E is the Statement of Prospective Franchisee. Exhibit M contains detachable documents acknowledging receipt of the Disclosure Document.
These exhibits provide crucial information for prospective Bft franchisees. The Franchise Agreement (Exhibit A) outlines the detailed legal terms and conditions of the franchise relationship. The Guaranty of Performance (Exhibit D) offers assurance that the franchisor's obligations are backed by another entity, XPOF ASSETCO, LLC, adding a layer of financial security. The Statement of Prospective Franchisee (Exhibit E) likely requires the franchisee to acknowledge certain aspects of the franchise offering in writing.
Receipts (Exhibit M) confirm that the franchisee has received and reviewed the FDD, which is a standard practice in franchising to ensure transparency and informed decision-making. Reviewing all exhibits is essential for any potential Bft franchisee to fully understand their rights, responsibilities, and the overall structure of the franchise agreement.