What obligations of the Bft Franchisor are guaranteed by XPOF ASSETCO, LLC?
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 Bft's 2025 Franchise Disclosure Document, XPOF ASSETCO, LLC, guarantees the performance of all obligations of BFT FRANCHISE SPV, LLC, the Franchisor. This guarantee extends to the obligations outlined in the franchise registration for each state where the franchise is registered and under the Franchise Agreement detailed in the 2025 Franchise Disclosure Document, including any amendments or modifications made to the agreement with franchisees over time.
This guaranty remains effective until all obligations of Bft under its franchise registrations and Franchise Agreements are completely fulfilled, or until the liability of Bft to its franchisees under the Franchise Agreement has been fully discharged. The guarantor, XPOF ASSETCO, LLC, will not be released from liability if a franchisee's claim against Bft is still outstanding.
Notice of acceptance of this guarantee is waived, but the Guarantor does not waive notice of Bft's default. This guarantee is binding on XPOF ASSETCO, LLC, and its successors and assignees, and was signed in Irvine, California, on March 14, 2025, by John Meloun, as Chief Financial Officer of XPOF ASSETCO, LLC.