Under the License Agreement for Brueggers Bagels, who must personally guarantee the franchisee's obligations?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement requires persons with legal or beneficial ownership interests in Franchisee to be personally bound by Franchisee's obligations under the Franchise Agreement, including restrictions on competition, confidentiality obligations, restrictions on ownership changes, and dispute resolution provisions.
If a business entity signs this Agreement, all persons who have a legal or beneficial ownership interest in that business entity must also execute this Agreement and if your owners reside in a community property state we may require their spouse to execute this Confidentiality and Non-Competition Agreement.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 48)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, if you are entering into a Franchise Agreement, persons with legal or beneficial ownership interests in the Franchisee are required to be personally bound by the Franchisee's obligations under the Franchise Agreement. This includes obligations such as restrictions on competition, confidentiality, ownership changes, and dispute resolution. This requirement ensures that individuals with a vested interest in the Brueggers Bagels franchise are accountable for upholding the terms of the agreement.
Brueggers Bagels may also require the spouse of an owner to execute a Confidentiality and Non-Competition Agreement if the owners reside in a community property state. This is to further protect the franchisor's confidential information and prevent unfair competition. By signing the agreement, these individuals acknowledge that their execution is a condition of acquiring and holding their ownership interest in the Franchisee and that they have received sufficient consideration for doing so.
Furthermore, Brueggers Bagels requires each person to agree to be individually bound by all of the Franchisee's obligations, including those pertaining to trademarks, confidentiality, transfers, obligations upon termination or expiration, and covenants against competition. This guarantee does not grant them any rights under the agreement, and they must have the opportunity to consult with a lawyer before signing the guarantee. This ensures that the franchisor is protected should the franchisee default on their obligations.