factual

Who is required to sign a personal guarantee of the Promissory Notes for a Buildingstars franchise?

Buildingstars Franchise · 2025 FDD

Answer from 2025 FDD Document

A copy of the Promissory Note is attached to each Program's Franchise Agreement: Exhibit I of the Technician Franchise Agreement, Exhibit II of the On-Site Manager Franchise Agreement and Exhibit III of the Corporate Franchise Agreement. Upon default, you will be obligated to pay the entire amount due under the Promissory Note along with court costs and attorneys' fees for collection and termination of the franchise or other cross default clauses. A default under the Promissory Note shall also be deemed a default under the Franchise Agreement. Your owners and their spouses will be required to sign a personal guarantee of the Promissory Notes.

Source: Item 10 — FINANCING (FDD page 20)

What This Means (2025 FDD)

According to Buildingstars's 2025 Franchise Disclosure Document, the owners of the franchise and their spouses are required to sign a personal guarantee of the Promissory Notes. This requirement is tied to the Promissory Notes associated with each Program's Franchise Agreement, which are detailed in Exhibit I of the Technician Franchise Agreement, Exhibit II of the On-Site Manager Franchise Agreement, and Exhibit III of the Corporate Franchise Agreement.

This personal guarantee means that these individuals are personally liable for the debt. If the Buildingstars franchisee defaults on the Promissory Note, the franchisor can pursue the owners and their spouses for the outstanding amount. This is a significant obligation, as it puts their personal assets at risk. The FDD also states that a default under the Promissory Note is considered a default under the Franchise Agreement itself, which could lead to termination of the franchise.

Personal guarantees are a fairly common practice in franchising, especially when financing is provided by the franchisor or a third-party lender. This guarantee reduces the lender's risk, as they have recourse to the personal assets of the franchisee and their spouse in case of default. Prospective Buildingstars franchisees should carefully consider the implications of signing a personal guarantee and ensure they understand the full extent of their financial obligations before entering into a franchise agreement.

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.