On what date did the Guarantor sign the guaranty of performance for the Bft franchise?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
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. 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
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to the 2025 FDD, the Guarantor, XPOF ASSETCO, LLC, signed the guaranty of performance for the Bft franchise on March 14, 2025, in Irvine, California. The guaranty ensures that the Franchisor, BFT FRANCHISE SPV, LLC, fulfills all its obligations under the franchise registration and Franchise Agreement. This commitment remains effective until all obligations are met or the Franchisor's liability to its franchisees is completely discharged.
The guaranty specifies that the Guarantor is not released from liability if a franchisee's claim against the Franchisor is still outstanding. The Guarantor waives the right to receive notice of acceptance of the guaranty but does not waive notice of the Franchisor's default. This agreement is binding on the Guarantor, including its successors and assignees.
For a prospective Bft franchisee, this guaranty provides an added layer of security, ensuring that a separate entity, XPOF ASSETCO, LLC, is financially responsible for the Franchisor's obligations. This arrangement is common in franchising, where a parent company or affiliate guarantees the performance of a smaller or newer franchise entity. Franchisees should review the Guaranty of Performance to fully understand the scope and limitations of the guarantee, as well as the financial stability of the guarantor.