Under the Bojangles guarantee, what happens to the obligations of individual guarantors upon their death?

According to Bojangles's 2025 Franchise Disclosure Document, the death of an individual guarantor impacts their obligations under the guarantee. Specifically, the guarantor's estate becomes responsible for defaults and obligations that existed at the time of their death. This means that Bojangles can pursue the deceased guarantor's estate for any outstanding liabilities the franchisee had incurred up to the date of the guarantor's death.

However, the guarantee does not end entirely. The FDD states that the obligations of any other guarantors will remain in full force. Therefore, if there are multiple guarantors for a Bojangles franchise agreement, the remaining guarantors continue to be responsible for the franchise's obligations, even after the death of one guarantor.

This clause protects Bojangles by ensuring that outstanding debts are addressed through the deceased's estate while maintaining the security of the guarantee through the remaining guarantors. For a prospective franchisee, this highlights the importance of understanding the full scope of the guarantee and its implications for their estate and co-guarantors.