What form does the personal guaranty of a Bombs Away franchisee's obligations need to be in?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
st participate in the direct operation of the Business and must devote substantial time and attention to the Business. If the Principal Executive dies, becomes incapacitated, transfers his/her interest in Franchisee, or otherwise ceases to be the executive primarily responsible for the Business, Franchisee shall promptly designate a new Principal Executive, subject to Bombs Away Franchising's reasonable approval.
- 2.5 Guaranty. If Franchisee is an entity, then Franchisee shall have each Owner sign a personal guaranty of Franchisee's obligations to Bombs Away Franchising, in the form of Attachment 2.
- 2.6 No Conflict. Franchisee represents to Bombs Away Franchising that Franchisee and each of its Owners (i) are not violating any agreement (including any confidentiality or non-competition covenant) by entering into or performing under this Agreement, (ii) are not a direct or indirect owner of any Competitor, and (iii) are not listed or "blocked" in connection with, and are not in violation under, any anti-terrorism law, regulation, or executive order.
ARTICLE 3. TERM
- 3.1 Term. This Agreement commences on the Effective Date and continues for 10 years.
- 3.2 Successor Agreement. When the term of this Agreement expires, Franchisee may enter into a successor agreement subject to the following conditions prior to each expiration:
- (i) Franchisee notifies Bombs Away Franchising of the election to renew between 90 and 180 days prior to the end of the term;
- (ii) Franchisee (and its affiliates) are in compliance with this Agreement and all other agreements with Bombs Away Franchising (or any of its affiliates) at the time of election and at the time of renewal;
- (iii) Franchisee has made or agrees to make (within a period of time acceptable to Bombs Away Franchising) changes to the Business as Bombs Away Franchising requires to conform to the then-current System Standards;
- (iv) Franchisee and its Owners execute Bombs Away Franchising's then-current standard form of franchise agreement and related documents (including personal guaranty), which may be materially different than this form (including, without limitation, higher and/or different fees), except that (A) Franchisee will not pay another initial franchise fee, (B) Franchisee will not receive more renewal or successor terms than described in this Section, and (C) the Territory will not be changed;
- (v) Franchisee and each Owner executes a general release (on Bombs Away Franchising's then-standard form) of any and all claims against Bombs Away Franchising, its affiliates, and their respective owners, officers, directors, agents and employees.
**ARTICLE 4.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, if the franchisee is an entity, each owner must sign a personal guaranty of the franchisee's obligations to Bombs Away. This guaranty must be in the form of Attachment 2 to the Franchise Agreement.
Attachment 2 is titled "GUARANTY AND NON-COMPETE AGREEMENT." This agreement is executed by the guarantor in favor of Bombs Away Franchising, LLC. The background states that the franchisee desires to enter into a Franchise Agreement with Bombs Away Franchising, and the guarantor owns an equity interest in the franchisee. The guarantor is executing the guaranty to induce Bombs Away Franchising to enter into the Franchise Agreement.
This means that if you are an owner of a business entity that is seeking a Bombs Away franchise, you will be required to personally guarantee the obligations of the business to Bombs Away. This is a standard practice in franchising, as it provides the franchisor with additional security that the franchisee will meet its obligations under the Franchise Agreement. The personal guaranty also includes a non-compete agreement, which restricts the guarantor from engaging in competitive activities during and after the term of the franchise agreement.