factual

For Buff City Soap, what is the duration of the Guaranty and Undertaking of Obligations?

Buff_City_Soap Franchise · 2025 FDD

Answer from 2025 FDD Document

Principal acknowledges that it is included in the term "Principal" as described in Section 1(ww) of the Agreement and without limiting any guarantee of Developer's obligations under the Agreement, makes all covenants, representations, warranties and agreements of Principals set forth in the Agreement and is obligated to individually perform thereunder for so long as Principal qualifies as a Principal and thereafter to the extent expressly provided by the terms of the Agreement, including without limitation the representations, warranties and covenants described in the following sections of the Agreement: Section 7 (Representations, Warranties and Covenants), Section 8 (Restrictive Covenants), Section 10 (Indemnification), Section 11 (Transfer) and Section 15 (Governing Law; Dispute Resolution).

Principal hereby unconditionally agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement, both monetary obligations and obligations to take or refrain from taking specific actions, or to engage or refrain from engaging in specific activities.

Principal consents and agrees that it will render any payment or performance required under the Agreement upon demand if Developer fails or refuses punctually to do so.

Principal consents and agrees that such liability will not be contingent or conditioned upon pursuit by Franchisor of any remedies against Developer or any other Person and waives any right it may have to require that an action be brought against Developer or any other Person as a condition of its liability. Principal further waives protest and notice of default, demand for payment or nonperformance or any obligations guaranteed, and any and all other notices and legal or equitable defenses to which Principal may be entitled in its capacity as guarantor.

Principal consents and agrees that such liability will not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence that Franchisor may periodically grant to Developer or to any other Person, including, without limitation, the acceptance of any partial payment or performance or the compromise or release of any claims, none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during the Term.

Principal waives all rights to payments and claims for reimbursement or subrogation which any of the undersigned may have against Developer arising as a result of the undersigned's execution of and performance under this Guaranty. This Guaranty and all claims arising from, under or with respect to the relationship between Franchisor and Principal(s) will be interpreted, enforced and governed by the laws of Texas (without regard to Texas conflicts of law rules).

Principal further acknowledges and agrees as follows:

  • (a) he has read the terms and conditions of the Agreement and acknowledges that the execution of this Guaranty is in partial consideration for, and a condition to Franchisor's execution of the Agreement, and Franchisor would not have granted such rights without the execution of this Guaranty by each of the undersigned;
  • (b) This Guaranty will remain in force notwithstanding the death of the undersigned, and will be binding on the undersigned's personal representatives; and
  • (c) This Guaranty will continue and will be enforceable notwithstanding any change in the name or the constitution of Franchisor or Developer.

Source: Item 18 — PUBLIC ANNOUNCEMENTS. (FDD pages 186–204)

What This Means (2025 FDD)

According to the 2025 Buff City Soap FDD, the Guaranty and Undertaking of Obligations remains continuing and irrevocable during the Term of the agreement. The Principal, by signing the Guaranty, acknowledges being bound by all provisions within the agreement, including monetary and specific action obligations. This obligation extends for as long as the individual qualifies as a Principal.

The Principal's liability under this Guaranty is not contingent upon Buff City Soap pursuing remedies against the Developer or any other party. The Principal also waives any rights to require action against the Developer as a condition of their liability. Furthermore, the Principal's obligations are not affected by any extensions of time or credit granted by Buff City Soap to the Developer.

This Guaranty remains in effect even in the event of the Principal's death, binding their personal representatives. It also continues regardless of any changes to the name or structure of either Buff City Soap or the Developer. The Principal also relinquishes rights to payments and claims for reimbursement or subrogation against the Developer resulting from their obligations under the Guaranty.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.