What happens to the Brueggers Bagels Guaranty upon the death of a Guarantor?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon the death of an individual guarantor, the estate of such guarantor shall be bound by this Guarantee, but only for defaults and obligations under this Agreement existing at the time of death; and the obligations of the other guarantors will continue in full force and effect.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, upon the death of a guarantor, the guarantor's estate will be bound by the Guaranty. However, this obligation extends only to defaults and obligations under the Franchise Agreement that existed at the time of death. This means that the deceased guarantor's estate is responsible for any outstanding debts or unfulfilled responsibilities that the guarantor had before passing away.
Furthermore, the obligations of any surviving guarantors will continue in full force and effect. If there are multiple guarantors for a Brueggers Bagels franchise, the remaining guarantors will still be responsible for the franchise's obligations under the agreement, even after the death of one of the guarantors. This ensures that Brueggers Bagels has a continued guarantee from the remaining parties.
This clause protects Brueggers Bagels by ensuring that obligations are met even after a guarantor's death, with the estate responsible for existing debts and surviving guarantors maintaining their responsibilities. Prospective franchisees should understand the implications of the Guaranty and the potential liabilities of their estate or co-guarantors.