Under the Boulder Designs Guaranty and Assumption of Obligations, what is the guarantor agreeing to pay?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
to prohibit you and each Owner, as applicable, from soliciting or providing services, during said two-year period, to any client previously serviced by the Franchised Business. This two-year restriction will be tolled during any period of my noncompliance.
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- I agree that the provisions contained in Article 23 of the Franchise Agreement will apply to any dispute arising out of or relating to this Guaranty. If Franchisor brings any legal action to enforce its rights under this Guaranty, I will reimburse Franchisor its reasonable attorneys' fees and costs.
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- I hereby guarantee the prompt and full payment of all amounts owed by the Franchisee under the Franchise Agreement.
Boulder Designs® 1 Exhibit 3
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- I will pay all amounts due under this Guaranty within 14 days after receiving notice from Franchisor that the Franchisee has failed to make the required payment. I understand and agree that Franchisor need not exhaust its remedies against the Franchisee before seeking recovery from me under this Guaranty.
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- No modification, change, impairment, or suspension of any of Franchisor's rights or remedies shall in any way affect any of my obligations under this Guaranty. If the Franchisee has pledged other security or if one or more other persons have personally guaranteed performance of the Franchisee's obligations, I agree that Franchisor's release of such security will not affect my liability under this Guaranty.
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- I WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, INVOLVING FRANCHISOR, WHICH ARISES OUT OF OR IS RELATED IN ANY WAY TO THE FRANCHISE AGREEMENT AND/OR THE PERFORMANCE OF ANY PARTY UNDER THE FRANCHISE AGREEMENT.
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- I understand that Franchisor's rights under this Guaranty shall be in addition to, and not in lieu of, any other rights or remedies available to Franchisor under applicable law.
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- I agree that any notices required to be delivered to me will be deemed delivered at the time delivered by hand; one Business Day after electronically confirmed transmission by other electronic system; one Business Day after delivery by Express Mail or other recognized, reputable overnight courier; or three Business Days after placement in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid and addressed to the address identified on the signature line below. I may change this address only by delivering to Franchisor written notice of the change.
IN WITNESS WHEREOF, this Guaranty has been duly executed and delivered by each of the undersigned, intending to be legally bound hereby, on the date set forth in the introductory paragraph of this Guaranty.
| PERSONAL GUARANTOR | PERSONAL GUARANTOR |
|---|---|
| NAME, Individually | NAME, Individually |
| ADDRESS: | ADDRESS: |
| TELEPHONE: | TELEPHONE: |
| PERCENTAGE OF OWNERSHIP | PERCENTAGE OF OWNERSHIP |
| IN FRANCHISE:% | IN FRANCHISE:% |
**TO THE FRANCHISE AGREEMENT OWNERS;
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the guarantor is agreeing to guarantee the prompt and full payment of all amounts owed by the franchisee under the Franchise Agreement. The guarantor will pay all amounts due under this Guaranty within 14 days after receiving notice from Boulder Designs that the franchisee has failed to make the required payment. Boulder Designs does not need to exhaust its remedies against the franchisee before seeking recovery from the guarantor under this Guaranty.
The guarantor's obligations under the Guaranty are not affected by any modification, change, impairment, or suspension of any of Boulder Designs' rights or remedies. Even if the franchisee has pledged other security or if one or more other persons have personally guaranteed performance of the franchisee's obligations, Boulder Designs' release of such security will not affect the guarantor's liability under this Guaranty.
Furthermore, the guarantor waives trial by jury in any action, proceeding, or counterclaim, whether at law or in equity, involving Boulder Designs, which arises out of or is related in any way to the Franchise Agreement and/or the performance of any party under the Franchise Agreement. Boulder Designs' rights under this Guaranty are in addition to, and not in lieu of, any other rights or remedies available to Boulder Designs under applicable law.
In a separate personal guarantee, the guarantor unconditionally guarantees to Boulder Designs full and prompt payment and performance of all present and future obligations of the franchisee to Boulder Designs under the Note including all renewals and extensions thereof or substitutions therefor. The Guarantor also agrees to pay in addition thereto all costs, expenses and reasonable attorney's fees at any time paid or incurred by Franchisee in endeavoring to enforce this.