factual

Which sections of the Body20 Development Agreement are the Guarantors also required to comply with?

Body20 Franchise · 2025 FDD

Answer from 2025 FDD Document

by Franchisor of any right or remedy will preclude other further exercise of such right or any other right or remedy.

    1. Successors and Assigns. This Guarantee shall be enforceable by and against the respective administrators, executors, heirs, successors, and assigns of the Guarantors. The death of any Guarantor shall not terminate the liability of such Guarantor or limit the liability of the other Guarantors under this Guarantee.
    1. Nondisclosure Covenant. Each of the Guarantors agrees to personally comply with, and personally be liable for the breach of, all of the provisions of Section 10 (Proprietary Information) of the Initial Franchise Agreement, including those related to the nondisclosure and protection of Proprietary Information, as though each such Guarantor were the "Franchisee" named in the Initial Franchise Agreement.
    1. Noncompete Covenant. Each of the Guarantors agrees to personally comply with, and personally be liable for the breach of, all of the provisions of Section 8 (Noncompete Covenants) of the Development Agreement, including both the in-term and postterm noncompete, as though each such Guarantor were the "Franchisee" named in the Development Agreement.
    1. Other Covenants. Each of the Guarantors also agrees to personally comply with, and personally be liable for the breach of, Sections 7 (Assignment), 9 (Indemnification), and 10 (Incorporation of Other Terms) of the Development Agreement as though each such Guarantor were the "Franchisee" named in the Development Agreement. Each of the Guarantors will take any and all actions as may be necessary or appropriate to cause Franchisee to comply with the Development Agreement and will not take any action that would cause Franchisee to be in breach of the Development Agreement.

Source: Item 23 — RECEIPT (FDD pages 74–251)

What This Means (2025 FDD)

According to Body20's 2025 Franchise Disclosure Document, the Guarantors to the Development Agreement are required to comply with specific sections of the agreement as if they were the franchisee. This means the Guarantors are personally liable for any breaches of these sections.

The sections the Guarantors must comply with include Section 8, which covers Noncompete Covenants, encompassing both in-term and post-term noncompete obligations. Additionally, Guarantors must adhere to Sections 7 (Assignment), 9 (Indemnification), and 10 (Incorporation of Other Terms) of the Development Agreement.

Furthermore, the Guarantors must comply with Section 10 of the Initial Franchise Agreement, which pertains to Proprietary Information, including the nondisclosure and protection of such information. Section 16 (Dispute Resolution and Governing Law) of the Initial Franchise Agreement is also incorporated by reference and applies to any disputes between Body20 and the Guarantors.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.