What must the undersigned acknowledge and agree to regarding the Brueggers Bagels Franchise Agreement before signing the guarantee?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the undersigned persons acknowledge and agree that: (a) this Guarantee does not grant them any rights under the Agreement (including but not limited to the right to use any of Franchisor's marks such as the "Bruegger's Bagels" marks) and/or the system licensed to Franchisee under the Agreement; (b) that they have read, in full, and understand, all of the provisions of the Agreement that are referred to above in this paragraph, and that they intend to fully comply with those provisions of the Agreement as if they were printed here; and (c) that they have had the opportunity to consult with a lawyer of their own choosing in deciding whether to
sign this Guarantee.
This Guarantee shall terminate upon the termination or expiration of all obligations of Franchisee under the Agreement and/or any other agreements between Franchisee and Franchisor, except that all obligations and liabilities of the undersigned which arose from events which occurred on or before the effective date of such termination shall remain in full force and effect until satisfied or discharged by the undersigned, and all covenants which by their terms continue in force after the expiration or termination of the Agreement shall remain in force according to their terms. 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 Brueggers Bagels' 2025 Franchise Disclosure Document, individuals signing the guarantee must acknowledge and agree to specific conditions. These individuals confirm that the guarantee does not grant them any rights under the Franchise Agreement, including the use of Brueggers Bagels' trademarks or the licensed system. They also acknowledge that they have thoroughly read and understand the provisions of the agreement related to trademarks, confidentiality, transfers, obligations upon termination or expiration, and covenants against competition.
The guarantors must intend to fully comply with these provisions as if they were explicitly stated in the guarantee itself. Furthermore, they acknowledge that they have had the opportunity to seek legal counsel before deciding to sign the guarantee.
This guarantee remains in effect until all obligations of the franchisee under the Franchise Agreement are terminated or expired, except for obligations and liabilities arising from events before the termination date. These pre-existing obligations remain in full force until fulfilled. Even after the death of a guarantor, their estate remains bound by the guarantee for defaults and obligations existing at the time of death, while the obligations of other guarantors continue unaffected.