In the Brain Balance franchise agreement addendum, what is being personally guaranteed to BB Franchising LLC?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
The undersigned, officers, directors, and/or shareholders of FRANCHISEE hereby personally guarantee to BB FRANCHISING LLC the due performance of each and every obligation of FRANCHISEE in accordance with this Addendum.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, the officers, directors, and/or shareholders of the franchisee are required to personally guarantee the franchisee's obligations to BB Franchising LLC, as stated in the addendum. This means that these individuals are held directly responsible for ensuring that the franchisee fulfills all its duties and responsibilities under the franchise agreement.
This personal guarantee extends to each and every obligation of the franchisee. This could include financial obligations such as royalty payments, marketing contributions, and other fees, as well as non-financial obligations like adhering to operational standards, maintaining brand integrity, and complying with the terms of the franchise agreement.
For a prospective Brain Balance franchisee, this requirement carries significant implications. It means that the personal assets of the officers, directors, and/or shareholders are at risk if the franchise fails to meet its obligations. Before signing the franchise agreement and addendum, these individuals should carefully consider the financial and operational risks associated with the franchise and ensure they are prepared to personally bear the responsibility for the franchise's performance. It is also advisable to seek legal counsel to fully understand the scope and implications of the personal guarantee.