Who is the signatory for XPOF ASSETCO, LLC, as indicated in the Bft FDD?
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 Bft Franchise Disclosure Document, the Guaranty of Performance is signed by John Meloun as the Chief Financial Officer of XPOF ASSETCO, LLC on March 14, 2025. This guaranty ensures that XPOF ASSETCO, LLC, located in Irvine, California, will uphold the obligations of BFT FRANCHISE SPV, LLC, the franchisor, as outlined in the franchise registration and Franchise Agreement.
This agreement remains effective until all obligations of Bft under its franchise registrations and Franchise Agreements are fulfilled or the liability of Bft to its franchisees under the Franchise Agreement has been completely discharged. The guarantor is still liable even if a franchisee's claim against Bft remains outstanding, and notice of acceptance is waived.
For a prospective Bft franchisee, this guaranty provides an added layer of security, ensuring that the franchisor's obligations are backed by XPOF ASSETCO, LLC. This could be crucial in the event that Bft FRANCHISE SPV, LLC faces financial difficulties or fails to meet its commitments. The franchisee should understand the full scope of this guaranty and its implications for their investment and the operation of their Bft studio.