Are the obligations of the Guarantors for a Body20 franchise dependent on the obligations of the Franchisee?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Independent Obligations. The obligations of the Guarantors are independent of the obligations of Franchisee, and a separate action or actions may be brought and prosecuted against any or all of the Guarantors, whether or not actions are brought against Franchisee or whether Franchisee is joined in any such action.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, the obligations of the Guarantors are independent of the obligations of the Franchisee. The Guarantors jointly and severally unconditionally guarantee the full, prompt, and complete payment and performance when due of all obligations, indebtedness, and liabilities of the Franchisee to Body20.
This means that Body20 can pursue the Guarantors directly, without first having to take action against the Franchisee. A separate legal action can be initiated and prosecuted against any or all of the Guarantors, regardless of whether actions are brought against the Franchisee or whether the Franchisee is involved in the action.
This guarantee remains in effect until all Guaranteed Liabilities of the Franchisee to Body20 and its Affiliates have been fully paid and satisfied, or until the Franchise Agreement and all obligations of the Franchisee expire. The Guarantors also agree to comply with specific sections of the Franchise Agreement, including those related to records, intellectual property, proprietary information, indemnification, and noncompete covenants, as if they were the Franchisee.