Under the Brueggers Bagels Development Agreement Guaranty, what specific governing law provisions in the Agreement are the Guarantors agreeing to be bound by personally?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the undersigned persons agree to be individually bound by all of Franchisee's covenants, obligations, and promises in the Agreement, which include, but are not limited to, the covenants in the following Sections of the Agreement: Section 10 (generally regarding trademarks), Section 12 (generally regarding confidentiality), Section 16 (generally regarding Transfers), Section 18 (generally regarding obligations upon termination or expiration of this Agreement), and Section 19 (generally regarding covenants against competition) of the Agreement.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, individuals signing the Guaranty agree to be individually bound by the franchisee's obligations, covenants, and promises outlined in the Development Agreement. This includes, but is not limited to, specific sections of the agreement.
The sections that the Guarantors are bound by include Section 10, which generally pertains to trademarks, ensuring that the trademarks are protected. Section 12, which covers confidentiality, ensures that confidential information remains protected. Section 16, which addresses transfers, ensures adherence to the rules around transferring ownership or rights. Section 18, which outlines obligations upon termination or expiration, ensures compliance with post-agreement responsibilities. Finally, Section 19, which covers covenants against competition, prevents activities that would compete with Brueggers Bagels.
In essence, by signing the Guaranty, these individuals are personally guaranteeing that the franchisee will uphold these critical aspects of the Brueggers Bagels Development Agreement. This arrangement is typical in franchising, as it provides the franchisor with added security that the franchisee will meet its obligations, especially concerning trademarks, confidentiality, and non-competition.