Under what circumstances would the cessation of liability of the Bonchon franchisee relieve the guarantors from liability?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
The cessation of or release from liability of Franchisee or any of the undersigned shall not relieve any other Guarantors from liability hereunder, under the Franchise Agreement, or under any other agreement(s) between Franchisor and Franchisee, except to the extent that the breach or default has been remedied or moneys owed have been paid.
Any waiver, extension of time or other indulgence granted by Franchisor or its agents, successors or assigns, with respect to the Franchise Agreement or any other agreement(s) by and between Franchisee and Franchisor, shall in no way modify or amend this Guarantee, which shall be continuing, absolute, unconditional and irrevocable.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the cessation of or release from liability of the franchisee may relieve the guarantors from liability under specific conditions. This occurs only to the extent that the franchisee's breach or default has been remedied or the moneys owed have been paid.
This provision means that if a Bonchon franchisee fails to meet their obligations under the Franchise Agreement or any other agreement with Bonchon, and this failure is subsequently resolved either through correcting the breach or settling the outstanding payments, the guarantors' liability is reduced accordingly. The guarantors remain liable for any unresolved breaches or unpaid amounts.
It is important to note that any waiver, extension of time, or other leniency granted by Bonchon does not modify or amend the guarantee, which remains continuing, absolute, unconditional, and irrevocable. This ensures that the franchisor's flexibility in working with the franchisee does not automatically release the guarantors from their obligations unless the specific default or breach is fully resolved through remediation or payment.